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NOT GUILTY of Rape.  NO Discharge, NO Sex Offender Registration.

April 23, 2021, U.S. v E-3, United States Air Force, Grand Forks AFB, Grand Forks, North Dakota. Airman First Class is accused by two female Airmen of rape and sexual assault on base.  Dorm cameras show the first alleged victim walking out of A1C's dorm room in distress, then running to her room down the hall.  The alleged rape victim claimed the A1C was high on LSD and “Molly” at the time of the rape.  The second Airman claims she was sexually assaulted in her room  in the middle of the night when the A1C was heavily intoxicated and walked in to apologize for events in an earlier softball game.  The Government prefers charges for rape and sex assault against the A1C, who subsequently retains Mr. Gapasin.  Mr. Gapasin aggressively cross-examines both alleged victims at an Article 39(a) to litigate an MRE 412 motion, i.e., to elicit prior sexual behavior of the alleged victims, which resulted in extensive contradictory testimony which could be used at trial.  Following the Article 39(a), and after Mr. Gapasin conducted considerable discovery, the accuser of the sexual assault declined to participate further.  Mr. Gapasin and his client proceeded to trial before an Enlisted Panel for the rape charge following several docketing delays due to COVID-19.  At trial, Gapasin honed in on the accuser's multiple versions of events, and attacked the actual meaning of “pre-text messages” sent between the alleged victim and the client who was sitting with OSI agents at the time.  Gapasin used the pre-text messages to support an argument for reasonable mistake of fact as to consent.  At closing argument, Mr. Gapasin focused on the accuser's multiple versions of events, her fabricated timeline and how the sexual intercourse had to be consensual due to the clothing worn and the activity in the dorm room.  RESULT:  NOT GUILTY of Rape.  NO Discharge, NO Sex Offender Registration.

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