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(Air Force) Woman Prosecuted After Rape
Womens Enews ^ | 08/11/07 | Lee and Moawad

Posted on 08/13/2007 7:13:07 AM PDT by flowerplough

Cassandra M. Hernandez, a female airman at the Pope Air Force Base near Fayetteville, N.C., faces court-martial after refusing to testify in her own rape trial, the Washington Post reported Aug. 8. Hernandez accused three male airmen of raping her in May, but then refused to testify because she said she felt pressured by the Air Force judicial process and intimidated by a defense attorney, who interviewed her without a victim's advocate present.

The three accused men received administrative punishments and criminal charges were dropped against them. The Air Force has given the men immunity to testify against Hernandez, who has now been charged with an indecent act and for neglect of duty for drinking alcohol while underage.

Following publicity about the case, the Air Force released a statement that said the investigation revealed inconsistencies in Hernandez's testimony, the Associated Press reported Aug. 9, an assertion that her attorney quickly denied.

(Excerpt) Read more at womensenews.org ...


TOPICS: Culture/Society; Government
KEYWORDS: airforce; hernandez; popeafb; rape
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Hafta slide down to "Jeers". Also see WRAL TV's "Air Force Charges Turn Woman From Rape Victim to Defendant"http://www.wral.com/news/local/story/1674488/
1 posted on 08/13/2007 7:13:09 AM PDT by flowerplough
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To: flowerplough
It's a little different when both the accuser and the accused wear the uniform.

I mean, it's not like the accused were on some LaCrosse team or something.

2 posted on 08/13/2007 7:16:41 AM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: flowerplough

She wanted to bypass the Courtmartial and go straight to the hanging.


3 posted on 08/13/2007 7:19:01 AM PDT by AU72
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To: flowerplough

Apparently the Air Force doesn’t think “I got drunk at a party and did some guys and now I regret it” equals rape, and doesn’t like someone trying to ruin lives because of it.


4 posted on 08/13/2007 7:19:32 AM PDT by antiRepublicrat
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To: Yo-Yo
Excellent observation!
5 posted on 08/13/2007 7:20:14 AM PDT by OKIEDOC (Kalifornia, a red state wannabe. I don't take Ex Lax I just read the New York Times.)
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To: antiRepublicrat

Chalk up one for the Air Force. Good for them.


6 posted on 08/13/2007 7:33:51 AM PDT by twonie (Keep your guns - and stockpile ammo.)
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To: flowerplough

The military’s treatment of rape complainants is not pretty—I say this as a former militry prosecutor—the attitude is either the woman is gay or lying to protect herself for a reason on her own agenda—plus there is a pervasive belief that she really enjoyed it deep down.

And here the military is prosecuting her...in addition the coomplainant was interviewed without an advocate present...advocates must be something new the JAGC has added..it sounds like a big mess.


7 posted on 08/13/2007 7:34:42 AM PDT by yldstrk (My heros have always been cowboys--Reagan and Bush)
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To: antiRepublicrat

retroactive rape.

(often happens when the diamond bracelet gift from the night before is discoverd to be fake)


8 posted on 08/13/2007 7:38:26 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: yldstrk

As a former military prosecutor, you know the power of the JAG office to require testimony of the accuser at trial.


9 posted on 08/13/2007 7:38:50 AM PDT by taxcontrol
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To: yldstrk
The military’s treatment of rape complainants is not pretty—I say this as a former militry prosecutor—the attitude is either the woman is gay or lying to protect herself for a reason on her own agenda—plus there is a pervasive belief that she really enjoyed it deep down.

Do the views you state here represent the views you held when you were a military prosecutor?

10 posted on 08/13/2007 7:39:39 AM PDT by Brujo (Quod volunt, credunt.)
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To: flowerplough
...intimidated by a defense attorney, who interviewed her without a victim's advocate present.

Sounds as if he asked some questions she wasn't ready or willing to answer.

11 posted on 08/13/2007 7:41:14 AM PDT by FreePaul
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To: Brujo

No. No I actually was not one who followed along. I looked at things for myself.


12 posted on 08/13/2007 7:41:35 AM PDT by yldstrk (My heros have always been cowboys--Reagan and Bush)
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To: yldstrk

“intimidated by a defense attorney, who interviewed her without a victim’s advocate present”

She who charges rape shouldn’t be “interviewed” without a victim’s advocate present? And if I charge my nefarious neighbor with criminal trespass, cops can’t talk to me unless a property-crime victim’s advocate helps me answer?


13 posted on 08/13/2007 7:45:13 AM PDT by flowerplough ("In Minnesota, most of us who aren't gay wish we could be. " -Garrison Keillor)
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To: antiRepublicrat

Apparently the Air Force doesn’t think “I got drunk at a party and did some guys and now I regret it” equals rape, and doesn’t like someone trying to ruin lives because of it.

Yep.


14 posted on 08/13/2007 7:45:15 AM PDT by Badeye (You know its a kook site when they ban the word 'kook')
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To: yldstrk
The military’s treatment of rape complainants is not pretty—I say this as a former militry prosecutor—the attitude is either the woman is gay or lying to protect herself for a reason on her own agenda—plus there is a pervasive belief that she really enjoyed it deep down.

Not all that different from the attitudes displayed - by many - on pretty much every rape-related thread posted here.

15 posted on 08/13/2007 7:51:17 AM PDT by Mordacious
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To: All

It’s unfortunate that every rape victim seems to have “asked for it” in some people’s eyes. 78% of assaults are done by people the victim knows and acquaintance rape is probably the most underreported crime BECAUSE of attitudes like this. No means no. It doesn’t matter who was drinking or what she was wearing. She didn’t deserve to be assaulted. One day, it will be your daughter, wife, graddaughter or YOU and we’ll see your tune change then!

~~Walking away in disgust


16 posted on 08/13/2007 8:13:37 AM PDT by JenBrower (...government is not the solution to our problem; government is the problem. - Ronald Reagan)
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To: Yo-Yo

Someones Gold Rolex gift (Kunsan Special 5 dollars) turned her wrist green the next morning........


17 posted on 08/13/2007 8:17:35 AM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: flowerplough
As with any other crime, there must be evidence to support the charge and prosecution of the alleged perpetrators. Rape is no different, nor should the alleged victim be treated any differently.
18 posted on 08/13/2007 8:17:40 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: JenBrower
No means no.

How come you are assuming she said "No" and isn't simply suffering from "buyers remorse"; for lack of a better phrase? Whether you want to admit it, or not, it does happen; quite frequently.

This is not a judgment for or against the rape case; as at this point it is still a matter of he said/she said. You have to admit, though, refusing to answer questions, does not reflect well on her position.

As to it possibly being my wife/daughter one day, God forbid. I hope that they both have been instilled with values that make it so they do not put themselves into a position where the question can be in doubt. Women do bear responsibility for their own safety.

I can think that a young women is a complete dumb-a$$ for putting herself into a position where something like this is more likely to happen (drunk at a party, wearing clothes that leave little to the imagination, lewd behavior, etc), and still sympathize for what she has endured.

19 posted on 08/13/2007 8:27:18 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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Oh boy...I’ll be back later to see the damage.


20 posted on 08/13/2007 8:28:40 AM PDT by Half Vast Conspiracy (Can I cast the second stone?)
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