AF Academy Cadet: Assault deemed 'my fault' - general brushed off rape case

Denver Post ^ | March 9, 2003 | Miles Moffeit & Amy Herdy

[PBRSTREETGANG]

Yes they are both right, but she just showed poor judgment. He on the other hand committed a crime.

Well, yes, based entirely on her testimony.

This reminds me a bit of the woman who charged the baseball player, David Cone, with rape. She said she sought him out at his hotel room. He answered the door naked. She then offered to go in and massage him in that state. Later she claimed that he raped her.

Is it possible that he raped her? Sure. However, because of her actions, it was impossible to prove in court.

[Jay D. Dyson]

Kick them both out! We need gentlemen and ladies in our Airforce.

Of all the sentiments expressed here, I'd have to say this one closest approximates my own. Any man who takes advantage of an inebriated woman is no gentleman and any woman who engages in drunken strip poker is no lady.

Both parties exhibited conduct sorely lacking in discipline and professionalism that is required by our fighting forces.

-Jay

[CobaltBlue]

But a fellow officer is supposed to be better than that - trustworthy, not like a robber in an alley.

Like - I don't lock up my purse at work because I believe, correctly, that I can trust the people I work with not to go through my wallet when my back is turned.

Some places you can't say that, of course.

[ZULU]

They are BOTH guilty of conduct unbecoming officers and should be booted from the service.

This is just one of many problems which result from women in a place they don't belong - a military academy.

Is there a legitimate role for women in the service? Sure, in support positions and as nurses - period. War is a dirty, vicious, brutal business and women are simply not equipped for it. They lack the necessary biological or psychological make-up for it. To be a successful soldier, you must have a killer instinct - something no normal woman possesses.

[xm177e2]

This is the victim mantra.

No, the "victim mantra" is when you blame yourself for someone else's actions, i.e. "It's my fault he raped me even though I struggled against him"

[Jn316]

It is ALWAYS the right of the girl to say NO.

This is rediculous. A girl can say STOP AT ANY POINT.

This is mind boggling 'No baby, i'm not stopping you got me horny. It's your fault, you can't change your mind we are going through with it whether or not you like it."

I want to vomit.

I don't know the situation, I wasn't there and I am not commenting on the case but...

When a woman says STOP, the man has to STOP.

I think this is pretty obvious.

That whole 'point of no return' is complete bullshit.

/end rant

[SauronOfMordor]

If she can't take care of herself in a bathroom, she has no business enetering a profession where she might have to take care of herself on a battlefield

[colorado tanker]

I agree this situation is pretty muddy. It would probably come down to which person a jury thought was more credible.

I have bigger concerns. The CG comes off here as pretty clueless in dealing with rape cases. Why didn't he have a process in place and some people on staff, legal and psych, to handle these cases?

And I have to ask, did this young lady have any business training to be a warrior? She couldn't figure out a way to protect herself from a date rape in a house full of people, her reaction to the General was to cry, and instead of gutting out a bad situation at the Academy, she quit. If I were a pilot, I wouldn't want her on my wing. I'm not excusing the guy - if he did the crime he does the time. But what would this lady do in a situation where reaction to stress could mean life or death, like, say, being captured by the Iraqis?

[Laura Earl]

That's what I meant by her showing poor judgment. They should both be dismissed from the academy. Even if we don't call what he did "rape", he too exercized poor judgment-and we don't need people with such a lack of control in our military.

[TheDon]

If drunk, all bets are off. But I've never been one to believe that just because a person is drunk, they should be cut some slack.

As for the point of no return, I'd say that would be somewhere during coitus, not before.

[BluH2o]

A week or two ago ABC's GMA interviewed a former female AFA Cadet who had been raped while at the Academy. She asked not to be identified by name so I'm not sure if this is the same female cadet ... but this girl was very attractive. Going back back many moons, when I was spreading my wild oats ... given the same circumstances that led to the rape, I'm not entirely sure I would have behaved differently.

[Laura Earl]

Your rant is right on target. Point of no return is a major crock of sh!t.

[TheDon]

With the facts as presented, they do seem to merit that penalty. I would guess an indictment, and trial, would be in order first however.

[k2blader]

Agreed.

[TheDon]

While the victim can promote a situation for the crime to occur, the perp still has the choice to commit the crime. I'm one to convict the perp for the crime.

[happygrl]

I don't think that is the correct comparison.

Would you leave a hundred dollar bill on your desk while going to lunch ?

No.

Likewise, don't strip down in front of men and think you can innocently plead, "but I said no."

This is commonsense, the kind of advice that parents used to teach their girls and guys.

[holyscroller]

"Maximiliano Rodriguez" the rapist...I wonder if Mr. Rodriguez was one of the many foreign exchange students they let into our U.S. military academies? Somehow he doesn't sound like an Americano.

[cyn]

"This is the wisdom that used to be passed down from parent to children"

Agree; this is what parents and concerned teachers are for.

Unfortunately, Ballas still seems not to have gained this insight, even after such a rude, awful lesson; she is still maintaining that 'it was not my fault, it is never the victim's fault' as if that does her any good!

This is such an unfortunate lose/lose/lose situation for all concerned.

[ok, I'll say it since no one else has: Gen. S. Taco Gilbert? S stands for soft, I guess?? and yes, I take responsibility that comment!]

[CobaltBlue]

I understand the point about not openly carrying hundred dollar bills in an alley, but disagree that it applies to a situation where you have reason to trust the people you are with. The military isn't the jungle. You have to trust each other with your life. Is it too much to expect them not to rape you?

I've heard of men raping men while they were drunk, and nobody looked the other way for that.

[ijcr]

No one except the two involved know what actually happened
that night.

However, many questions remain to be answered,

1. Did she scream for help?

2. Did she report the incident immediately it occurred? Did she tell anyone at the party?

3. Did she suffer any trauma and see a medical officer that evening?

4. Did she have a previous relationship with the accused?

All these questions were probably addressed at the hearing,
and a JAG attorney reviewed the case. There are two sides of every case and here we only have one side with many facts left out.

It achieves its aim of besmirching the Academy and an officer who cannot answer back. Jumping to conclusions
on thin evidence still remains a national sport.

Which ever side of the fence you decide fits the scenerio,
there can be no doubt that this young lady is not fit for a commission in the Air Force.