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Well, that was an ordeal.

My 14 day on the job training is OVER and not a second too soon. Tattletale employees (civilians!) and revolting alleged crimes covered by 57 hour trials done in 4.5 days made for some hardcore misery.

Here are the facts of the case. First, the undisputed facts, LJ cut for potential triggers:

E-1 is at a Toby Keith concert with her friend the Marine (aka Jarhead). They are hanging out in the smoking area when some guys come up and invite them to a house party. Jarhead doesn't want to go, tells E-1 he doesn't want to bother finding two Marine battle buddies to go with him. E-1 goes to the party. It's early; she and two guys who I'll call Accused 1 and Accused 2 are alone in the apartment. She drinks tequila and throws up. At some point, they all have sex. More people come over for a raunchy show I'd never heard of called Blue Mountain State and beer pong. E-1 at some point has sex with Accused 3. The next morning she gets a ride back to base with one of the buddies.

The disputed issue is whether or not the sex was consensual. She says no, but there is a tanker ship full of reasonable doubt. Accused 1 and Accused 2 were both acquitted, although Accused 1 is going to have to do 60 days restriction for lying to NCIS.

All three of them, E-1, Accused 1 and 2, are filthy-nasty. My feeling is that the threesome was consensual, but E-1 wanted Jarhead to like her, and knew he wouldn't if he knew she'd bumped uglies with Accused 1 & 2. After all, she admitted she went to the party with them "to make him jealous". Jarhead told her to go to medical, but she refused to go. She only went 11 days later. NCIS closed the case since there was nothing to go on.

Later, when sexual assault in the military became a national scandal, NCIS looked into it again. She wrote another statement, which contradicted the first one. At the Article 32 hearing (what would be a Grand Jury in the civilian world) she gave testimony that contradicted her first two statements. Finally she got on the stand at the court martial and lied her little head off. She told a story about how she was the drunk girl these predators picked up in order to have their way with her. Jarhead, her roommate, and a friend who was also there in the smoking area all attest to her maybe having two beers. E-1 maintains that she drank two full bottles of Moscato, six to twelve beers, then did tequila shots at the apartment.

I'm a drinker with years of experience and I'd have thrown up after one single bottle of wine, then woken up wishing for Death's sweet embrace. She didn't mention getting sick until she got to the apartment, and never mentioned a hangover the next day.

Even more stupidly, she said no less than FOUR TIMES that when she was taken by a Sexual Assault Advocate to Medical, 12 days after the incident, that she wouldn't let the doctor examine her because "she had already been violated once." However, both the doctor and the Sexual Assault Advocate say that she received a pelvic exam, just no rape kit because it was too late. Of all the unbelievable things to lie about, why that?

When asked why her statements kept changing, she had no reaction but to cop attitude.

I want to punch her in the mouth, because this is the second military sexual assault trial I've sat through where the "victim" was lying. All it takes is one woman lying about being sexually assaulted to put the doubt in every potential juror's mind when faced with a sexual assault case.

Fortunately, Reserve court reporters do almost only administrative boards (separations, medical), because CrimLaw makes me want to just isolate myself on an island and use a flamethrower on anyone who comes near.


( 5 comments — Leave a comment )
May. 11th, 2013 02:59 am (UTC)
This is a tough one and unfortunately most jurors have some doubt in their minds before the trial starts anyway. E-1 doesn't seem to have much common sense and made some very stupid choices(neither of which are crimes), but drunk or sober, she made the choices and took the results of them. I wonder if she was lying or just couldn't remember what the truth was because of the amount of alcohol consumed. It's hard to figure on what little I know, but ye, someone acting like that makes life harder for any woman, and somehow victim just doesn't jump to the front of my mind.

Glad I didn't have to sit through it, and glad your time is over.
May. 11th, 2013 03:19 am (UTC)
Except that the things she was lying about were things that happened AFTER. Like the medical exam. Why lie about that? Plus, there is no way she could have drunk all that she did. I don't think she actually was all that drunk, but saying she was because taking advantage of an inebriated person is absolutely rape.
May. 11th, 2013 04:52 am (UTC)
I can't even.
May. 11th, 2013 03:05 pm (UTC)
Ugh. I'm sorry you had to sit through a case that looked a bad episode of Law & Order: SVU.
May. 13th, 2013 03:43 am (UTC)
Yeargh... Sounds like she doesn't have a good recollection of what happened, but is motivated to spin it a certain way and can't fit all the pieces together. She's filling in the gaps badly by lying.
( 5 comments — Leave a comment )


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