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Air Force Academy Sexual Assault Case Has No Victim Testifying

On Behalf of The Foley Law Firm | April 17, 2015

A freshman cadet at the Air Force Academy in Colorado Springs, Colorado, was recently charged with sexual assault. At a hearing on April 13, the alleged victim in the case refused to testify.

One of the defense attorney said, "The bottom line is there is no probable cause." In addition, the attorneys said that their client's court-martial was not warranted because there is simply a lack of evidence. The hearing will determine whether the cadet will go to trial for the alleged sexual assault incident.

The cadet is charged with groping the alleged victim and forcing her to touch his genitals last September. The assault allegedly occurred in the female cadet's dorm room.

This case is one of two that the leaders at the academy told the press about last week. The second case involved a sophomore cadet who was charged with sexual assault and abusive sexual contact. The allegations in the first case are that a female cadet was fondled. There were witnesses that testified in that case, saying that the two cadets were "lounging together" on a bed in a dorm room before the incident allegedly occurred. One witness said that she was in the same room, but had fallen asleep, as had another cadet. The witness said she woke up and heard the alleged victim crying. The witness said that the alleged victim told her what had reportedly occurred, although the male cadet was no longer in the room with them.

The defense attorneys for this case said, "There are obvious holes, even at this early stage." Prosecutors, however, feel there is plenty of evidence for a recommendation for trial to be forwarded to the academy's leaders.

When someone is charged with sexual assault, the case often boils down to "he said, she said." An aggressive defense strategy is often needed in order to bring the truth to light.

Source: The Gazette, "Witness refuses to testify in alleged sex assault case at Air Force Academy," Tom Roeder, April. 14, 2015

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