Sergeant found NOT GUILTY to ALL Charges of Sex Assault and False Official Statement after Gapasin reveals clear evidence that the accuser was blacked out and not unconscious.
June 25, 2021, U.S. v. E-5, United States Marine Corps, Marine Corps Base -- Hawaii, Kanoehe Bay, Hawaii. Sergeant is accused of sexual assault under Article 120, UCMJ, and of false official statement under Article 107, UCMJ by allegedly lying by claiming he did not have sex with the alleged victim. Sergeant's DNA is found from swabs of the alleged victim during a sexual assault forensic exam ("SAFE"). Admissions that the alleged victim vomited from her level of intoxication and therefore could not consent were also included with evidence obtained from the investigation. Sergeant retains Mr. Gapasin at the preferral of charges to represent him. Gapasin filed multiple motions for this Article 120, sex assault case. Gapasin approached trial with the theory that the Government would fail to satisfy its high burden of proof because of the real possibility that the alleged victim conducted herself in a blackout state of mind and therefore could have consented but had no memory of doing so. Gapasin cross-examined three other witnesses at the house where the incident took place and elicited testimony that the alleged victim was walking, talking and acting in a coherent manner. Gapasin also elicited testimony that clearly resembled that of the alleged victim engaging in serious flirting with another witness at the house. Mr. Gapasin delivered the fateful blow by calling the Defense's expert psychiatrist, a Navy Captain, who testified that his opinion to a reasonable degree of medical certainty was that the alleged victim was blacked out, and not completely unconscious as she claimed. The Government could provide no rebuttal to the testimony. RESULT: NOT GUILTY to ALL Charges, NO Federal Conviction, NO Confinement, NO Sex Offender Registration.