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FULL ACQUITTAL for Rape. No Confinement, No Federal Conviction, No Sex Offender Registration.

October 5, 2017, U.S. v. E-5, United States Air Force, Whiteman AFB, Knob Noster, Missouri. Staff Sergeant is accused of rape by former girlfriend after he messages her several years later and apologizes for an incident. She alleges that as they ended their relationship the Staff Sergeant forcibly raped her in the shower, taking away her virginity “on the way out the door.” Staff Sergeant is charged with rape under Article 120 and faces maximum punishment of life confinement. Staff Sergeant retains Mr. Gapasin. Gapasin files a lengthy motion to elicit evidence under MRE 412, which is akin to what is commonly known as the “Rape Shield Laws.” Gapasin moves the court to elicit fifteen (15) separate issues under MRE 412 exceptions regarding the alleged victim's prior sexual behavior. The Court grants a majority of Gapasin's motion. At trial, Gapasin cross-examines the alleged victim, revealing her misperception of events and her motives for reporting the incident as rape, even though she apparently consents to losing her virginity. Gapasin also elicits the alleged victim's true feelings for his client, and how his abrupt termination of their relationship before his PCS to Cannon AFB clearly led to her disappointment and to a subsequent unsuccessful relationship. Broken down following her cross, and during the Government's attempt to rehabilitate her on redirect, she concedes and testifies, “I understand why there's doubt.” RESULT: FULL ACQUITTAL for Rape. No Confinement, No Federal Conviction, No Sex Offender Registration.

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