Salvador Diaz - U.S. Navy - Convicted Sex Offender

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Name: Salvador Diaz

Case: United States v. Diaz No NMCCA 200200374

Sentence adjudged December 1, 2000.

Plea: Guilty

Charges: Raping 12 Year Old Child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? Yes, New York

The appellant was tried before a general court-martial composed of officer and enlisted members. Contrary to his pleas, the appellant was convicted of three specifications of raping his 12-year-old daughter, and two specifications of indecent acts upon her. The appellant’s crimes violated Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934. The adjudged and approved sentence includes a dishonorable discharge, confinement for 9 years, forfeiture of all pay and allowances, and reduction to pay grade E-1

At the time of trial the appellant was a 47-year-old Chief Petty Officer with over 20 years in the Navy. The victim in this case is the appellant's natural daughter, who was born in October 1985. She provided the principal evidence against the appellant. She testified that the appellant's sexual abuse directed towards her began in March 1998 when the family was living in Pemberton, NJ, and continued until just before she reported the abuse in July 1999.

At that time the family had moved to government quarters aboard Naval Weapons Station (NWS), Earle, NJ. The appellant had been married to the victim's mother, but they were divorced after the mother abandoned the family. This occurred prior to the commission of the crimes that are now before this court.

The abuse began in the family's two-story home in Pemberton. Prior to the abuse, the victim had been sharing a room with one of her older sisters. When another sister moved out of the house, the victim moved into a bedroom downstairs and across from the appellant's bedroom. The victim would frequently sleep in the same bed with her father.

The first incident occurred on one such evening. The victim testified that she believed that the appellant thought she was sleeping when he put his arm around her and was feeling her body above her clothes. He then put his hand inside her clothes and rubbed her genitals. They did not discuss what had happened. She also testified that after this incident the appellant repeated the same sort of conduct just about every other night. She began to spend more nights in her own room.

The appellant, the victim, and one other sibling moved to NWS Earle in March 1999, and the appellant began to touch his daughter again. The appellant would rub her breasts. At one point the appellant told the victim that he was doing this to keep her away from boys. He explained that if he took care of her at home she would not go looking for boys at school or on the streets.

She also testified that the touching escalated to rape at Earle. She testified that the appellant had sexual intercourse with her three times in the quarters at Earle, twice in the appellant's bedroom and once in the living room. The victim was scared, confused, and embarrassed. They did not talk about what happened. All sexual activity between the two of them stopped after the victim walked to the medical clinic on base and reported the appellant's actions.

The appellant testified on his own behalf. During his testimony he admitted that he had fondled his daughter’s breasts and had digitally penetrated her vagina. He also acknowledged that the touching could have occurred twice a week