The army appeals court overturned this verdict without hearing a single witness.
> That's what appellate courts do, military or civilian. They had full access to the record of the case, reviewed the testimony and made a determination that the case against the defendant wasn't proven beyond a reasonable doubt.
I just read the Appellate Decision, and saw no statement that the conviction was overturned because the alleged victim didn't cry out or fight back as widely reported in the press. They appellate panel merely concluded that there was not sufficient testimony to support the conviction.
The issue is not as clear as XYZ suggests. There are two sides to every case, and the truth often lies somewhere in between. We have long had a legal system premised upon the belief that it is better to let a guilty person go free than to mistakenly imprison an innocent person.
All that being said, I can't imagine that the Defendant would go back to USMA. I would expect that having sex while on field training exercise is a serious conduct offense, and could be separated on the basis of that alone.