U.S. Navy v. E-3 (Rape, Violation of Article 120; UCM, Indecent Exposure, Violation of Article 120c)

Pensacola Naval Station & Corry Station, Pensacola, Florida

Client was accused of raping a fellow Sailor after leaving a bar on Corry Station. Client had been drinking with friends. The accuser came to the bar the Client was at shortly after midnight and began to hang around the accused. She drank, but did not seem noticeably drunk. She specifically stated that she was okay, and that Client would walk her home. After the bar closed down, Client began to walk her home. Over 2 hours later she showed up in her barracks room, claimed she made a mistake and went to bed. Over the course of the trial, the evidence revealed that the alleged victim was not as drunk as she wanted everybody to believe, that she was not incapable of consent, and that she was not even sure in her own mind that she was raped. She certainly did not exhibit it. During her NCIS statement she giggled and laughed throughout. During her in court testimony she displayed the same demeanor. On the stand she admitted to saying to her friends the next morning the following: “I may or may not have been raped last night”. She also admitted to requesting that Client walk her home AFTER she was allegedly raped because she did not feel safe. Lastly, the accused and her roommate told differing accounts about what happened in the aftermath. In the end, there was no other finding the Judge could make in this case but Not Guilty.

Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact.  These offenses include different types of unlawful, forced sexual activities on another person.  Charges related to sexual misconduct involving a minor fall under Article 120b.