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Sex Assault Allegations Against Captain At Brigade Ball Deemed Unsubstantiated And Investigation Is Dropped

February 2023

February 23, 2023, U.S. v. O-3, United States Army, Camp Humphreys, Korea.  A U.S. Army Captain (O-3) is accused by a female Soldier of abusive sexual contact while together on the dance floor of a Brigade Ball. When he returns from leave in early 2023, he is immediately flagged pending investigation of this alleged assault. Captain absolutely denies the allegation and retains Mr. Gapasin to represent him during a pending investigation. Gapasin immediately instructs his client to assert his Article 31 rights to silent and decline to give any statements. Gapasin quickly reaches out to a number of witnesses who were present at the Brigade Ball when the Captain and the female Soldier were both out on the dance floor. Gapasin gains critical information that he imparts to the JAG prosecutors as well as to the lead CID investigator. Gapasin informs these Government agents that his client does not directly ask this female Soldier to dance with him, and that they both ended up on the dance floor as he was dancing with a different female who was an officer. The accuser tries to dance with Gapasin's client and even tries to cut between him and the other female he was dancing with. A PFC who attended the ball witnessed this. Other NCOs, Officers and spouses who sat at the client's table also attested to the good natured conversation Gapasin's client had with the accuser, and how the accuser never made any complaints to anyone at the table despite being surrounded by unit leadership. Gapasin also points out to investigators and the prosecutor that none of these aforementioned NCOs and Officers are interrogated themselves for failing to follow clear protocol in reporting the alleged assault. Gapasin repeatedly illustrates the lack of credibility of this accuser in light of the circumstances of the allegations. RESULT:  INVESTIGATION CLOSED, Allegations Found UNSUBSTANTIATED.  NO PREFERRAL Of Charges For Sex Assault Under Article 120, Sexual Assault.

Ernesto Gapasin