Daniel E Bryant Jr Hospital Corpsman Second Class (E-5), U.S. Navy Convicted Sex Offender Indecent Act Upon 7-Month-Old Child

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Name: Daniel E Bryant Jr

U.S. V. Bryant NMCCA 9901169

Sentence adjudged 16 July 1998.

Decided 9 April 2004

Plea: Not Guilty

Charges: Indecent act upon 7-month-old child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? YES North Carolina

Contrary to his pleas, officer and enlisted members serving as a general court-martial convicted the appellant of making a false official statement and committing an indecent act upon a child under the age of 12, in violation of Articles 107 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 907 and 934. The appellant was sentenced to confinement for 40 months and a dishonorable discharge. The convening authority approved the sentence as adjudged, but waived automatic forfeitures for six months as an act of clemency.

On the night of 13 October 1997, the appellant and his wife Debra rushed their seven-month old daughter "S" to the Howard Air Force Base Hospital in Panama. When "S" was examined at the hospital's emergency room, she was bleeding profusely from a laceration in her vaginal area. The injury was later determined to be a second-degree tear of her perineum, the muscle that extends from the vagina to the anus.

A second-degree tear is one that goes through the tissue and actually exposes the muscle. Medical experts that examined "S" or reviewed her medical records all agreed that the injury was caused by the intentional and forceful insertion of an object into her vagina. Due to the fact that the blood had not begun to coagulate and still appeared to be oozing, experts estimated that the injury had occurred within two to three hours of the child being brought to the hospital. A swab test of her vaginal area revealed no traces of sperm or any other type of seminal fluid.

The appellant had been stationed in Panama for about six months. His wife Debra and the baby had just returned on the evening of 12 October 1997 from a two-week trip to North Carolina to visit Debra’s parents. By all accounts the baby was uninjured upon her return from this trip. The appellant and his family spent 13 October 1997 in their government-assigned home. The baby’s diaper was changed several times throughout the day without either parent noticing a vaginal injury. The appellant testified he last changed his daughter’s diaper at about 7:30 p.m. and everything was fine at that point.

At around 9:00 p.m., the three Bryants were in the living room watching television. Debra got up and went into the bedroom (about 10 feet away and separated by a wall) to make the bed. About 15-20 seconds after she began doing this, Debra heard her daughter scream out in pain. She rushed back into the living room to ask the appellant what happened and he told her that he didn’t know. Debra told her husband to bring the baby into the bedroom and lay her down on the bed. When he did this the baby once again yelled out in pain. At this point Debra smelled stool coming from the baby’s diaper. When she opened it up to change the baby, she testified that she saw a few spots of blood. Upon seeing the blood, Debra immediately put the diaper back on the child, and, accompanied by the appellant, she took the baby to the hospital at Howard Air Force Base.

Dr. Mendez, a pediatric gynecologist, examined and treated "S" for her injury. Testifying on behalf of the Government, Dr. Mendez opined that the injury was caused by someone trying to intentionally force an object inside the baby's vaginal cavity.

Another medical doctor, Captain Craig, Medical Corps, U.S. Navy, was called as a Government witness. Dr. Craig described the injury sustained by "S" as "very serious" and rejected as absolutely improbable the hypothesis that such an injury could be caused by throwing the baby into the air and catching her by her diaper. Dr. Craig also rejected self-injury, a forceful bowel movement, or an accidental fall as causes for the injury. Finally, Dr. Craig opined that the injury was caused by something being forcefully inserted into the victim's vagina, an object consistent in size with one or more adult fingers.

After reviewing the entire record, we find that the sentence is appropriate for this offender and his offenses. United States v. Healy, 26 M.J. 394, 395 (C.M.A. 1988); United States v. Snelling, 14 M.J. 267, 268 (C.M.A. 1982). Facing a maximum punishment of 12 years confinement, reduction to E-1, total forfeiture of pay and allowances, and a dishonorable discharge, the appellant was sentenced only to confinement for 40 months and a dishonorable discharge. Despite the appellant's outstanding service record and attestations of his good character, the heinous injury inflicted by him upon his infant daughter warrants the severe punishment awarded by the members of his court-martial.

North Carolina sex offender registry incorrectly documents the victim age as "7" which would imply 7 YEARS not 7 MONTHS, which was the victim's actual age. They also fail to supply a photo in their sex offender registry for Bryant.