Allegations of sexual assault and sexual harassment are found UNSUBSTANTIATED by a Board composed of Officers. Client is RETAINED.
May 2, 2021, E-5, Administrative Separation Board, United States Army Reserves, Chicago, Illinois. Sergeant (E-5) who is new to this reservist unit is accused of sexual assault on two separate dates by a female Specialist. According to the allegations, the Sergeant committed abusive sexual contact during a car ride to a casino in the St. Louis area. The second accusation was that the Sergeant engaged in “hip pocket training” and touched her multiple times on her buttocks and groin in tying a “Swiss Seat” used in rappelling during some downtime in the headquarters. Her two enlisted friends apparently corroborated both alleged assaults in sworn statements to CID. Accuser appears on CBS News with Norah O'Donnell and makes accusations on national television that she was assaulted during a training exercise. Several news articles were written about this command and how her allegations were met with reprisal, thereby resulting in the reprimand of multiple Officers and Senior NCOs, along with the removal of a Reserve Commanding General. Sergeant is caught in the middle of this high-profile turmoil and retains Mr. Gapasin to represent him. At the reservist separation board, Gapasin aggressively cross-examines the accuser, and her two friends, revealing multiple inconsistencies between their stories and failed attempts at corroboration. The accuser's male friend refused to continue answering questions during the board, requesting a lawyer following the reading of his Article 31 rights as he sat on the stand. Both the accuser and her friends clearly attempted to falsely corroborate their stories, and Gapasin revealed multiple inconsistencies and contradictions, to include a diagram where the witnesses failed to be consistent where individuals were supposedly standing when the “Swiss Seat” incident allegedly occurred. RESULT: Allegations of sexual assault and sexual harassment are found UNSUBSTANTIATED by a Board composed of Officers. Client is RETAINED.