Scott R. McClelland Captain (O-6), Medical Corps, U. S. Navy Military Sex Offender Sex With Patients Receiving Psychiatric Counseling

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Name: Scott R. McClelland

Case: U.S. v. McClelland No. NMCCA 200101300

Date Of Appeal: January 24, 2006

Plea: Guilty

Charges: Sex with patients receiving psychiatric counseling

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? NO

Pursuant to his pleas, the appellant was convicted by a military judge, sitting as a general court-martial, of violating a lawful general regulation on divers occasions, sodomy on divers occasions, two specifications of conduct unbecoming an officer, and adultery, in violation of Articles 92, 125, 133, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 925, 933, and 934.

The appellant was sentenced to dismissal, confinement for 12 months, forfeiture of $500.00 pay per month for 24 months, and to be reprimanded. The convening authority approved the sentence as adjudged, but suspended confinement in excess of 6 months for the period of confinement served plus 12 months thereafter, and suspended all adjudged forfeitures for 12 months from the date of his action. He also waived all automatic forfeitures for 6 months from the date of his action.

The appellant, a Navy captain, served as the director of clinical services and as a psychiatrist at the Naval Hospital at Marine Corps Base, Camp Lejeune, North Carolina. While treating a patient, Staff Sergeant (SSgt) R, for panic disorder and addictive sexual behavior, the appellant engaged in a sexual relationship with her, although both he and SSgt R were married to other people. Over a 21-month period, he engaged in sexual intercourse with SSgt R about 4 times, oral sodomy about 10 times, and anal sodomy twice.

During the last 5 months of this relationship, the appellant also attempted to enter into a sexual relationship with another of his patients, CJ. She was the newly married wife of a Marine sergeant, and the appellant had been treating her for bulimia, an eating disorder.

Several years prior to these events, the appellant was stationed at the Navy base in Rota, Spain. During this time, while serving as a psychiatrist at the base mental health clinic, he developed a sexual relationship with his secretary, LD, the wife of a Navy enlisted man. The appellant began by giving LD informal counseling sessions relating to difficulties she was having in her marriage.

During the presentencing hearing, the appellant produced 15 witnesses and extensive documentary evidence attesting to his good character, leadership in the community as a deacon of his church, and 30 years of military service. He also made an extensive unsworn statement, providing details of his career and family, and apologizing to the victims and their families.

The appellant engaged in divers acts of sodomy with a patient who was dependent on the appellant for critical psychiatric treatment for a diagnosed panic disorder. The Supreme Court specifically excepted from the Lawrence liberty interest "persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused." 539 U.S. at 578. We are convinced that SSgt R's dependence on the appellant for treatment for her panic disorder created just such a situation.

Our view is bolstered by the Government's expert witness, Dr. T. Gutheil, who testified that the therapist-patient relationship creates a powerful bond that can easily be exploited. He testified: "Anyone who offers help with a panic disorder really holds that patient hostage, because it's so unpleasant and so uncomfortable and so frightening that anyone who offers you that you're going to help with this, really has an amazing grip on you because of how distressing it is."

We therefore affirm the findings and the sentence, as approved by the convening authority. Senior Judge CARVER and Judge THOMPSON concur.

The case against the captain was cinched when one of the women, the wife of a Marine sergeant, recorded his solicitations with a hidden tape recorder.