Name: David W. Vandenhecke
Case: United States v. Vandenhecke No. ACM35850
Date Of Conviction: June 9, 2003
Plea: Not Guilty
Charges: Rape Of A Child
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? NO
The appellant was tried at Yokota Air Base, Japan, by a general court-martial consisting of officer members. He pled guilty to a single specification of disorderly conduct,1 in violation of Article 134, UCMJ, 10 U.S.C. § 934. Contrary to his pleas, the court members found the appellant guilty of rape, carnal knowledge, possession of child pornography, and an indecent act, in violation of Articles 120 and 134, UCMJ, 10 U.S.C. §§ 920, 934.
The appellant was charged with wrongfully and knowingly possessing “visual depictions of a minor engaging in sexually explicit conduct, which conduct was prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.”
The visual depictions consisted of some 700 images of suspected child pornography seized from the appellant’s home computer and separate disks. The images were admitted into evidence.
Viewing the representative images used during the trial ourselves, we are convinced beyond a reasonable doubt that they are of actual children under the age of 18.
The victim testified that they were raped four times.
A central issue was whether penetration occurred during the first alleged rape. On direct examination, the trial counsel did not specifically ask the victim whether the appellant had penetrated her. The military judge’s question did reach the issue left open by the trial counsel, but it was a factual gap already significantly closed by the victim in response to a cross-examination question from the trial defense counsel regarding the comment by her friend Ian
The court members sentenced the appellant to a dishonorable discharge, confinement for 21 years, forfeiture of all pay and allowances, and reduction to E-1. The convening authority approved the findings and sentence as adjudged
Sentence adjudged 9 June 2003 by GCM convened at Yokota Air Base, Japan. Military Judge: David F. Brash.
The approved findings and sentence are correct in law and fact, and no error prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ; Reed, 54 M.J. at 41. Accordingly, the approved findings and sentence are AFFIRMED
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United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
David W. Vandenhecke
Technical Sergeant U.S. Airforce
Convicted Sex Offender
Rape Of A Child - Child Porn
