U.S. v. O-1. Black-Outs After Drinking. Cross-Examination of Rape Victim Reveals Lies and Inconsistencies Resulting in Acquittal of All Rape Charges.
Mr. Gapasin's client was charged with three specifications under Article 120 for aggravated sexual assault, abusive sexual contact, and wrongful sexual contact. He was also charged with one specification under Article 125 for forcible sodomy, and one specification under Article 134 for fraternization. Mr. Gapasin's client was an Active Guard Reserve officer. The alleged victim was a 24-year-old female who had been an E-5 in the select reserves. After a dinner date, they returned to the client's house where she was at from 2000 – 0130. She alleged that she had blacked out approximately four times after their date. During intermittent periods of consciousness, she believed theclient sexually assaulted her. DNA testing did result in positive findings of my client's saliva or epithelial cells from vaginal swab of the alleged victim. After extensive preparation with Mr. Gapasin, the client took the stand and testified to having consensual sexual activity. He testified that he did not act against the alleged victim's will. Mr. Gapasin's cross-examination of the alleged victim revealed lies and inconsistencies. After a full hearing on the merits, the officer panel found him Not Guilty of all of the Article 120 offenses, and of the Article 125 offense.