WITHDRAWN AND DISMISSED. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.
January 9, 2021, U.S. v. E-5, United States Army, Schofield Barracks, Hawaii. Sergeant is charged for abusive sexual contact under Article 120 and attempted abusive sexual contact under Article 80. He is also charged with the maltreatment of a subordinate soldier, Article 128 for assault and battery and Article 92 for violating a lawful order. Sergeant retains Mr. Gapasin. Gapasin files a key MRE 412 motion with the court in order to elicit evidence of the alleged victim's past sexual behavior. More specifically, Gapasin alleged that prior to the alleged assault, that she was married but still consented to getting together with the client. Following the motion, the Government then learned of the alleged victim's questionable conduct with the client prior to the alleged assault. Just 2 weeks before trial, the Government withdraws the charges. RESULT: WITHDRAWN AND DISMISSED. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.