Zero Tolerance Part 3 - He said/She said
June 03, 2005
Cadet acquitted of rape
By Melissa Trujillo
Associated Press
DENVER — An Air Force Academy cadet was found not guilty of raping a fellow cadet during a scuba diving trip last May — the most recent outcome in a slew of sexual assault allegations at the prestigious military school.
Senior cadet Benjamin Kuster had been accused of sexually assaulting the woman, now an Air Force second lieutenant, after a night of heavy drinking in a motel room during a field trip of the academy’s diving club.
The jury of five officers did convict Kuster on Thursday of committing an indecent act for having consensual sex with his girlfriend in a room where other cadets slept during the same trip, defense attorney Richard Stevens said.
His court-martial lasted almost a week at the academy in Colorado Springs.
The alleged victim had testified she awoke to Kuster having intercourse with her after she fell asleep on the floor. The woman said she recognized him because they had kissed earlier in the evening, along with his girlfriend, while other cadets watched.
The woman said she awoke and asked Kuster, "What about Kat?," the nickname of Kuster’s girlfriend, and the man quickly moved away.
Defense attorneys had argued that the woman made up the allegations to cover up her own misconduct on the trip.
Stevens planned to return to court Friday to argue that the indecent act charge should be thrown out. He said Kuster’s commanding officer brought charges against the cadet based on an assurance that if Kuster were acquitted of rape, the other charge would be dropped.
Prosecutors declined to drop the indecent act charge Thursday, Stevens said. Kuster, whose graduation is in limbo because of the case, faces five years confinement and dismissal from the Air Force if convicted.
An Air Force Academy spokeswoman said prosecutors typically would not comment on cases until they have ended.
A sexual assault scandal broke at the Air Force Academy in 2003, when dozens of female cadets complained of being ignored or punished for reporting sexual assaults. The allegations prompted several investigations and the ouster of the school’s top commanders.
Jennifer Bier, a rape counselor who has worked with academy cadets, said the scandal showed that the school lacked accountability in dealing with sexual assault cases.
Bier has been threatened with arrest for failing to turn over records of her counseling sessions with a former cadet in another sexual assault case.
Once again, hold BOTH people accountable I say.
And to give the guy crap for having sex with his girlfriend in the same room while everyone else was sleeping off their drunk exploits? Please! When hasn't some horny couple ever done that? I've banged whatever college girl I was dating when I was younger in her dorm room while her room mate was oblivious to the world. To make an issue out of something like that is like prosecuting someone for jay-walking. The article could also elude to the fact they were merely in the same room but not within company of said friends. Stretching it, yes, but knowing the way the military legal system operates, not that far-fetched.
With the recent allegations of religious intolerance at the Air Force Academy, which is it? Is it a Den of Iniquity full of lecherous aviators or a refuge for religious fly-boys over-zealous about their convictions for their Lord and Savior Jesus Christ?
Something's definitely rotten in Denmark.
Cadet acquitted of rape
By Melissa Trujillo
Associated Press
DENVER — An Air Force Academy cadet was found not guilty of raping a fellow cadet during a scuba diving trip last May — the most recent outcome in a slew of sexual assault allegations at the prestigious military school.
Senior cadet Benjamin Kuster had been accused of sexually assaulting the woman, now an Air Force second lieutenant, after a night of heavy drinking in a motel room during a field trip of the academy’s diving club.
The jury of five officers did convict Kuster on Thursday of committing an indecent act for having consensual sex with his girlfriend in a room where other cadets slept during the same trip, defense attorney Richard Stevens said.
His court-martial lasted almost a week at the academy in Colorado Springs.
The alleged victim had testified she awoke to Kuster having intercourse with her after she fell asleep on the floor. The woman said she recognized him because they had kissed earlier in the evening, along with his girlfriend, while other cadets watched.
The woman said she awoke and asked Kuster, "What about Kat?," the nickname of Kuster’s girlfriend, and the man quickly moved away.
Defense attorneys had argued that the woman made up the allegations to cover up her own misconduct on the trip.
Stevens planned to return to court Friday to argue that the indecent act charge should be thrown out. He said Kuster’s commanding officer brought charges against the cadet based on an assurance that if Kuster were acquitted of rape, the other charge would be dropped.
Prosecutors declined to drop the indecent act charge Thursday, Stevens said. Kuster, whose graduation is in limbo because of the case, faces five years confinement and dismissal from the Air Force if convicted.
An Air Force Academy spokeswoman said prosecutors typically would not comment on cases until they have ended.
A sexual assault scandal broke at the Air Force Academy in 2003, when dozens of female cadets complained of being ignored or punished for reporting sexual assaults. The allegations prompted several investigations and the ouster of the school’s top commanders.
Jennifer Bier, a rape counselor who has worked with academy cadets, said the scandal showed that the school lacked accountability in dealing with sexual assault cases.
Bier has been threatened with arrest for failing to turn over records of her counseling sessions with a former cadet in another sexual assault case.
Once again, hold BOTH people accountable I say.
And to give the guy crap for having sex with his girlfriend in the same room while everyone else was sleeping off their drunk exploits? Please! When hasn't some horny couple ever done that? I've banged whatever college girl I was dating when I was younger in her dorm room while her room mate was oblivious to the world. To make an issue out of something like that is like prosecuting someone for jay-walking. The article could also elude to the fact they were merely in the same room but not within company of said friends. Stretching it, yes, but knowing the way the military legal system operates, not that far-fetched.
With the recent allegations of religious intolerance at the Air Force Academy, which is it? Is it a Den of Iniquity full of lecherous aviators or a refuge for religious fly-boys over-zealous about their convictions for their Lord and Savior Jesus Christ?
Something's definitely rotten in Denmark.
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