U.S. vs. E-7. Faulty DNA Sampling and Lying Rape Victim. Attacking the DNA, Thorough Pre-Trial Investigation, and Cross Examination of Victim Results in Full Acquittal of All Charges and Specifications.
Mr. Gapasin's client was charged with four specifications for forcible rape and adultery. He was accused of aggravated sexual assault against a female E-3 who was allegedly substantially incapacitated due to alcohol. Under cross-examination at the Article 32Hearing, the alleged victim admitted that she could only identify her attacker because she recognized his voice. Based on the evidence, my client was a possible contributor to a small sample of foreign DNA found from a rectal swab of the purported victim. It was later discovered that the DNA was based on skin cells. Semen from the anal swabs also showed no sperm to identify the semen. The incident in question allegedly occurred at his home in the early morning hours of an after party. Semen from another male who she admitted to having had sex with at the party was found on vaginal swabs. A number of facts on cross-examination at trial illustrated the alleged victim's lack of credibility. The alleged victim's testimony went uncorroborated. For example, her mother testified that her daughter was crying on the phone at 0700 and her daughter had to hang up because she could not talk and drive at the same time. But the alleged victim testified she was raped in the early morning hours before the sun came up at 0630because it was too dark to physically identify her attacker. Moreover, several witnesses testified that at no time was the accused in the room with the alleged victim. In an incredible turn of events and thanks to aggressive pre-trial investigation, Mr. Gapasin discovered that the alleged victim actually robbed the client a couple days after he allegedly raped her. Mr. Gapasin also discovered that the alleged victim had a motive to make false allegations against the client because she believed it was his fault for turningin her former ex-marine boyfriend to law enforcement for a DUI that left a pedestrian dead. Mr. Gapasin's client was fully acquitted of all rape charges, and the alleged victim was prosecuted by the State for burglary.