Derek D. Bell
Fireman Apprentice (E-2), U. S. Navy
Convicted Sex Offender
Rape
Name: Derek D. Bell
Case: United States v. Derek D. Bell No. NMCCA 200401099
Date Of Conviction: December 13, 2002
Plea: Not Guilty
Charges: Rape
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry?
Contrary to his pleas, the appellant was convicted by a general court-martial composed of officer and enlisted members, of rape in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. The appellant was sentenced to confinement for 18 months and a bad-conduct discharge. The convening authority approved the sentence as adjudged.
The record establishes that AA J had been friends with the appellant since boot camp, and they were both assigned to the Ceremonial Guard. Prior to the rape, there had been no sexual contact or intimacy between them. Both the appellant and AA J lived on the fourth floor of their barracks and saw each other frequently. AA J indicated that the appellant often went overboard when making comments and jokes of a sexual nature. On or about the date of the rape, the appellant exposed his penis to AA J while riding on a bus, however, she assumed he was joking and did nothing about it.
On the night of the rape, AA J and the appellant went with others to find a party off-base, without success. They all ended up at an apartment where she drank a small amount of alcohol and the appellant had several drinks. While at the apartment, the appellant kissed AA J. Although surprised by his action, AA J did not resist the appellant’s kiss. Upon their return to the barracks, the appellant accompanied AA J into the common area of her room where, after a few minutes, he started to kiss her again. They then moved into her bedroom, where the appellant attempted to remove her shirt.
When AA J realized the appellant wanted to progress to a sexual encounter, she resisted, repeatedly telling him she did not want to have sex and pushed his hands away with her hands. The appellant continued in his efforts to remove her shirt and was successful in doing so. The appellant pushed AA J onto the bed and got on top of her. She told the appellant that she did not want to have sex several times, and pushed him away with her hands.
The appellant, however, removed her pants and moved her to the floor where he climbed on top of her and removed her underpants. Although AA J tried to prevent the removal of her underpants by trying to push the appellant’s hands away, the appellant threw her hands up toward her shoulders. The appellant then wedged himself between her legs.
She pushed on the appellant’s abdomen just prior to penetration. The appellant then held her hands, above her shoulders, and penetrated her vagina with his penis. AA J broke her hands free and again tried to push the appellant away, and told him not to ejaculate inside her. The appellant grabbed her hands again, and she finally surrendered. The appellant withdrew his penis from AA J’s vagina and masturbated until he ejaculated on her stomach. AA J then immediately went to the bathroom, locked the door and took a long shower.
Conclusion:
Accordingly, we affirm the findings and the sentence, as approved by the convening authority.
Senior Judge HARTY and Judge KELLY concur
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