William C. Tanner
Seaman Recruit U.S. Navy
Convicted Sex Offender
Rape And Incest With Two Children
Name: William Charles Tanner
Case: United States v. Tanner No. 05-0710/NA
Date Of Conviction: May 7, 2002
Plea: Guilty
Charges: Forcible Sodomy, see other below
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? YES - Here
A military judge sitting as a general court-martial convicted the appellant, in accordance with his pleas, of rape of a child under the age of 16 years, two specifications of forcible sodomy, on divers occasions, of a child under the age of 16 years, and committing indecent acts, on divers occasions, with a child under the age of 16 years. All of the offenses involved the appellant’s 10-year-old daughter. The appellant’s offenses violated Articles 120, 125, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 925, and 934. On 7 May 2002, the military judge sentenced the appellant to confinement for 18 years and a dishonorable discharge. On 23 April 2003, the convening authority approved the adjudged sentence and, in accordance with the terms of a pretrial agreement, suspended confinement in excess of 90 months for 90 months from the date of trial.
Judge EFFRON delivered the opinion of the Court. At a general court-martial composed of a military judge sitting alone, Appellant was convicted, pursuant to his pleas, of the following offenses against his biological daughter: rape of a child under the age of sixteen years, forcible sodomy of a child under the age of sixteen years (two specifications), and indecent acts with a child under the age of sixteen years, in violation of Articles 120, 125, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 920, 925, 934 (2000).
The adjudged sentence included a dishonorable discharge and confinement for eighteen years. The convening authority approved the sentence. Pursuant to a pretrial agreement, the convening authority suspended all confinement in excess of ninety months for a period of ninety months from the date of sentencing.
Appellant has been tried by two courts-martial for sexual abuse of family members. Each court-martial involved a different victim. At his first court-martial, which occurred a year before the court-martial now on appeal in this Court, Appellant pled guilty to the following offenses against his fifteen-year-old stepdaughter: attempted carnal knowledge in violation of Article 80, UCMJ, 10 U.S.C. § 880 (2000), and sodomy and indecent acts in violation of Articles 125 and 134, UCMJ. In addition,
Appellant pled guilty to committing adultery with an unrelated adult, in violation of Article 134, UCMJ. A year later, at his second court-martial, Appellant pled guilty to sexual abuse of his ten-year-old biological daughter. The offenses against his daughter, which included rape, took place over an eighteen month period, the same general time frame as the offenses against his stepdaughter. B. SENTENCING AT THE SECOND COURT-MARTIAL
United States v. Tanner, No. 05-0710/NA 4then under appeal. See Rule for Courts-Martial (R.C.M.) 1001(b)(3). The defense did not object to the evidence, which consisted of the general court-martial order for Appellant’s first court-martial. The general court-martial order contained considerable detail concerning the convictions obtained at the first court-martial, including that Appellant had attempted sexual intercourse with his stepdaughter, had exposed his naked body to her, had fondled her, had touched her breasts and her genitalia with his hands, and had inserted his finger into her vagina.
United States Court of Appeals for the Armed Forces, Argued April 19, 2006 Decided August 18, 2006
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