Michael R McElhaney
Staff Sergeant U.S. Air Force
Convicted Sex Offender
Sodomy Of A Child Under 16
Name: Michael R. McElhaney
Case: United States v. McElhaney No. 99-0940
Date Of Conviction: February 2, 1996
Plea: Not Guilty
Charges: Forcible Sodomy Of A Child Under 12
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? NO
A general court-martial composed of officer members convicted appellant, contrary to his pleas, of an attempt to commit rape, an attempt to commit carnal knowledge with a child under 16 years of age, carnal knowledge with a child under 12 years of age, carnal knowledge with a child under 16 years of age, sodomy with a child under 16 years of age, and four specifications of indecent acts with a child under 16 years of age, in violation of Articles 80, 120, 125, and 134, Uniform Code of Military Justice, 10 USC §§ 880, 920, 925, and 934, respectively.
He was sentenced to a dishonorable discharge, confinement for 20 years, and reduction to the lowest enlisted grade.
The convening authority approved the findings and that portion of the sentence providing for a dishonorable discharge, confinement for 15 years, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed the findings and sentence. 50 MJ 819 (1999).
The charges against appellant arose from his sexual relationship with his wife’s niece, VR. Appellant’s wife was VR’s guardian in the Philippines, and the child lived with the couple for more than a year when she was about 8 years old. This arrangement ended when appellant was transferred back to the United States in August 1988. Appellant continued the relationship with VR after the move by corresponding with her and visiting her several times over the years. The nature of the relationship between appellant and VR was discovered by appellant’s wife when she read some of the correspondence in 1994.
Appellant was charged with 11 offenses stemming from acts committed during the 7-year affair.1 The charges were received by the summary court-martial convening authority on February 2, 1996.
Three of the offenses -- rape, one specification of sodomy, and one specification of indecent acts -- were alleged to have been committed between August 1, 1987, and August 31, 1988. At trial, appellant moved to dismiss these charges as barred by the 5-year statute of limitations in Article 43(b)(1).
The Government argued that the longer statute of limitations in 18 USC § 3283, which permits the prosecution of offenses involving the sexual and physical abuse of children until the victim reaches age 25, had superceded the 5-year limitation in Article 43(b)(1).
The military judge agreed, ruling that 18 USC § 3283 applies to courts-martial and that it was applicable to the charges and specifications in appellant’s case. The judge also ruled that because rape is a crime punishable by death under the UCMJ, it was not subject to any time limitations on punishment under Article 43(a).
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