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Nats planning call-upsMilitary’s handling of sex assault cases on trial at Naval Academy rape hearing By Melinda Henneberger and Annys Shin, She was too drained to go on, she said.
After four days and more than 20 hours of relentless questions about her medical history and motivations, her dance moves and underwear, the 21-year-old midshipman who has accused three former Naval Academy football players of raping her pleaded on Saturday for a day off from testimony. It was granted by the hearing’s presiding officer but not before the request triggered more skepticism from defense attorneys, who said the young woman was faking her exhaustion.
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Past coverage: Naval Academy rape allegations
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Peter Hermann Police said the stabbing occurred in the home of the suspect, who was charged as an adult.
Read more“What was she going to be doing anyway?” asked Ronald “Chip” Herrington, one of the defense attorneys for Eric Graham, a 21-year-old senior from Eight Mile, Ala. “Something more strenuous than sitting in a chair? We don’t concede there’s been any stress involved.”
At a time when the military is under attack for how it handles sexual violence in its ranks, the proceedings underway at the Washington Navy Yard offer a case study on why women in uniform are so reluctant to report sexual assaults. The hearing highlights significant disparities between the way the military and civilian world treat accusers and the accused.
As many as 26,000 service members said they were the targets of unwanted sexual contact last year, but only 3,374 incidents of sexual assault were reported, the Pentagon said in May.
Those numbers were accompanied by several high-profile scandals earlier this year, including the decision of an Air Force general to overturn the conviction of a fighter pilot on sexual assault charges and the arrest of the Air Force officer in charge of sexual assault prevention in the alleged groping of a woman outside a Crystal City bar.
The result has been demands by some lawmakers to turn sexual assault investigations and prosecutions over to civilian authorities instead of leaving them in the hands of the military chain of command — a proposal that is expected to be debated in the Senate this fall.
Last month, Defense Secretary Chuck Hagel approved new regulations aimed at providing more support to alleged victims of sexual assault, standardizing how each service handles cases, and making sure senior commanders learn about every reported incident. Hagel’s reforms will require that every presiding officer at what is known as an Article 32 hearing — the legal proceeding in the Naval Academy rape case — be a lawyer. But that won’t necessarily change how alleged victims are treated during those hearings.
An Article 32 is sometimes compared to a civilian grand jury proceeding because its purpose is to determine whether a trial, or court-martial in military parlance, is warranted. But legal experts say it differs in a number of ways, with looser procedural rules and open-ended cross-examinations that can be trial-like in nature and scathing in tone.
Roger Canaff, a former prosecutor who has helped the military improve its handling of sexual assault cases, said that no civilian court in any state in the country would allow the kind of questions that are routinely permitted at Article 32 hearings. The legal proceedings are so hard on women who allege sexual assault that “a lot of cases die there as a result,” said Canaff, who now works at End Violence Against Women International. “You hear questions that would be highly objectionable in a court-martial or any civilian hearing.”
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