Very Sad...more assaults

[raimius]

There is probably a LOT more going on administratively and legally than is being widely reported. If a cadet is getting kicked out, they wind up in transition flight (aka limbo) for quite a while. I can only guess how things would go for someone going through a UCMJ proceeding.

 

[sprog]

Yes, you may be executed for crimes OTHER than murder. No, there are no "former cadets" on death row.

Steve
USAFA ALO
USAFA '83

The UCMJ still provides for this, but my guess is any actual sentence would be overturned on 8th Amendment grounds. Kennedy v. Louisiana (2008) leads me to think that is the case, at least as far as rape is concerned. Interestingly, the last military member executed was for an attempted murder and rape. It was 50 years ago, though.

Maybe spying/espionage, or a host of other military offenses would be different. The last serviceman executed for a solely military offense was in 1945. An Army private was shot for desertion in the ETO around the time of the Battle of the Bulge. It remains controversial that it occurred.

The Courts tend not to want to get involved in military justice (the famed "political question"), so who really knows? I think it very unlikely that a serviceman would be sentenced to death unless his actions caused a death. Even then, it's rare. I think there are only nine or ten men on death row. At least one is an Airman.

 

[HNeedle]

I love the presumptive guilt that the media and this forum seem to have.

The charges are being brought to an Article 32 hearing. It's the equivalent of a grand jury in the civilian world. They'll determine whether or not the allegations are substantiated and have enough evidence to proceed to a court-martial (trial).

Cadet Evenson has been "in limbo" here for quite some time. I have interacted with him on a few occasions since 2011's graduation in May. I can't speak to the others because I don't know them. Raimus is right, there is a ton that happens here outside of what is reported to the media.

Of the 33 or whatever alleged sexual assaults last year, we were only told of maybe 6 that I can recall. Why is that? I dont know how the numbers work, but I'd venture to guess that the number reported (33) weren't all investigated and successfully prosecuted.

These are very serious allegations, and no doubt there was at least SOME wrongdoing in each of the cases (underage drinking, abuse of a leadership position, etc). Whether or not it was as serious as alleged will be determined by the Article 32 and Courts-martial. It's excellent that USAFA is reporting like we should be. And yes, it's called "the zoo" for a reason. This is one of those reasons. Everything at the service academies is under a microscope, and for good reason; but you're absolutely wrong if you think that any of the academies is a worse-off place for women than a civilian university. Do a little digging and you'll see that. We've had people from civilian schools come tell us how bad it is/used to be, and how schools cover it up all the time.

There is no magic bullet to prevent these things from occurring. Teach your kids how to act, how to treat women, how to act around alcohol. This kind of conduct, if true, is absolutely deplorable. But talk to any of the cadet girls here, and most will feel like USAFA10s.

 

[BobBigBoy]

I love the presumptive guilt that the media and this forum seem to have.

The charges are being brought to an Article 32 hearing. It's the equivalent of a grand jury in the civilian world. They'll determine whether or not the allegations are substantiated and have enough evidence to proceed to a court-martial (trial).

Cadet Evenson has been "in limbo" here for quite some time. I have interacted with him on a few occasions since 2011's graduation in May. I can't speak to the others because I don't know them. Raimus is right, there is a ton that happens here outside of what is reported to the media.

Of the 33 or whatever alleged sexual assaults last year, we were only told of maybe 6 that I can recall. Why is that? I dont know how the numbers work, but I'd venture to guess that the number reported (33) weren't all investigated and successfully prosecuted.

These are very serious allegations, and no doubt there was at least SOME wrongdoing in each of the cases (underage drinking, abuse of a leadership position, etc). Whether or not it was as serious as alleged will be determined by the Article 32 and Courts-martial. It's excellent that USAFA is reporting like we should be. And yes, it's called "the zoo" for a reason. This is one of those reasons. Everything at the service academies is under a microscope, and for good reason; but you're absolutely wrong if you think that any of the academies is a worse-off place for women than a civilian university. Do a little digging and you'll see that. We've had people from civilian schools come tell us how bad it is/used to be, and how schools cover it up all the time.

There is no magic bullet to prevent these things from occurring. Teach your kids how to act, how to treat women, how to act around alcohol. This kind of conduct, if true, is absolutely deplorable. But talk to any of the cadet girls here, and most will feel like USAFA10s.

Not saying that they are guilty. Every American is guaranteed due process of law. I think that having the accused cadets maintaining a normal schedule and going on like there is nothing different would be disruptive to the daily ebb and flow of the Academy. This can't be easy on anyone. What I was thinking is that they would remove them from the daily life on a suspension until their trial.

 

[falconfamily]

Not saying that they are guilty. Every American is guaranteed due process of law. I think that having the accused cadets maintaining a normal schedule and going on like there is nothing different would be disruptive to the daily ebb and flow of the Academy. This can't be easy on anyone. What I was thinking is that they would remove them from the daily life on a suspension until their trial.

I think the other consideration is what would happen to a person who was ultimately found to be innocent (i.e. Duke Lacrosse players), if they were separated from the student population and not allowed to continue their education. They would have been in effect, punished by losing a chance to graduate or getting an education. While I understand your concern, justice in our society demands a presumption of innocence, as well it should.

 

[Pima]

Exactly what I was thinking falconfamily. We lived in NC when this occurred and it was all over the news non-stop for months. It was very divisive in many ways, race, sex, wealth, etc. The media played it out and in the end Duke landed up paying big time in lawsuit settlements and one reason is because how the world is today.

As in the Duke case, the kids made a compelling case in their civilian lawsuit that now anytime anyone ever google's their name the rape case will be the 1st thing they will read about, they were harmed financially for the rest of their lives from an employment aspect. Duke created the problem by suspending them, firing coaches, etc. without doing do diligence in the crime.

It really was apparent in NC, within days that the story was just not adding up and the more you learned about Mike Nifong the more this seemed like a politician running for re-election trying to make a mark at their expense. Duke is not in a pretty area once you leave the campus. It has always had the townie vs. Duke elite atmosphere.

Back on topic, as others have stated we should not rush to judgement that these cadets did indeed commit these crimes. They will have their day, and we must trust/believe that the AF will do right by all parties involved in these allegations.

 

[falconfamily]

Exactly what I was thinking falconfamily. We lived in NC when this occurred and it was all over the news non-stop for months. It was very divisive in many ways, race, sex, wealth, etc. The media played it out and in the end Duke landed up paying big time in lawsuit settlements and one reason is because how the world is today.

As in the Duke case, the kids made a compelling case in their civilian lawsuit that now anytime anyone ever google's their name the rape case will be the 1st thing they will read about, they were harmed financially for the rest of their lives from an employment aspect. Duke created the problem by suspending them, firing coaches, etc. without doing do diligence in the crime.

It really was apparent in NC, within days that the story was just not adding up and the more you learned about Mike Nifong the more this seemed like a politician running for re-election trying to make a mark at their expense. Duke is not in a pretty area once you leave the campus. It has always had the townie vs. Duke elite atmosphere.

Back on topic, as others have stated we should not rush to judgement that these cadets did indeed commit these crimes. They will have their day, and we must trust/believe that the AF will do right by all parties involved in these allegations.

Hi Pima, Duke did not handle itself well at all according to a summary of one of the ongoing lawsuits "the university of refused to enforce its own anti-discrimination policies as to faculty and student harassment of the lacrosse players, and of violating federal law when it issued team key-card access data to the Police without a warrant, and subsequently attempted to cover up the disclosure.

The allegations also include the university's instructions to the team members to not seek legal advice or contact their parents, to speak to a university-approved lawyer (who represented the university, not the team), and to waive their civil rights."

I think people should take a breath and let the process work itself out, I have a first year son there and this scandal hangs heavy over them.

 

[BobBigBoy]

Hi Pima, Duke did not handle itself well at all according to a summary of one of the ongoing lawsuits "the university of refused to enforce its own anti-discrimination policies as to faculty and student harassment of the lacrosse players, and of violating federal law when it issued team key-card access data to the Police without a warrant, and subsequently attempted to cover up the disclosure.

The allegations also include the university's instructions to the team members to not seek legal advice or contact their parents, to speak to a university-approved lawyer (who represented the university, not the team), and to waive their civil rights."

I think people should take a breath and let the process work itself out, I have a first year son there and this scandal hangs heavy over them.

Exactly my point...can you imagine having one of the accused in your class or squadron...disruption and distraction from daily studies and tasks have to be happening.

 

[falconfamily]

Exactly my point...can you imagine having one of the accused in your class or squadron...disruption and distraction from daily studies and tasks have to be happening.

Being accused and being guilty are quite different. I'm not sure what you would suggest is an appropriate way to treat an accused person who happens to be going to school with you, I don't know why an accused person would be disruptive to the class. Are you suggesting that they cadets be confined in some manner before the facts of the case have been adjudicated?

 

[falcongirl]

I just wanted to chime in on this as a female member of the class of 2012. I have never felt safer than I do at USAFA. Especially as a freshman and now as well, the vast vast majority of guys I dealt with and deal with on a daily basis are pretty awesome. All the guys in my freshman squad were like my brothers. Even our cadre in basic instilled in them that it was part of their job to look out for us. Don't get me wrong, I can take pretty good care of myself, but it was nice to know I always had that support. The same goes for my current squad. Additionally, if something does happen, the resources available and the training we get from day 1 are incredible. From the first day of basic, every cadet knows how to call the SARC (Sexual Assault Response Coordinator) who is available 24 hours a day to help and advise.

All in all, from my perspective USAFA is MUCH safer than a normal college. The only reason these "scandals" seem so awful is because of the high amount of publicity we get and I truly believe that a much higher percentage of all incidents are reported here than at other colleges nationwide.

I completely agree. I have never felt safer than I do at USAFA. At what other public university can a girl walk across campus alone at night and feel completely safe?

 

[Luigi59]

I completely agree. I have never felt safer than I do at USAFA. At what other public university can a girl walk across campus alone at night and feel completely safe?

No one is (I don't think any one is) claiming there are anonymous tree jumpers at USAFA.

In almost every case of these assaults, there seems to be some sort of familiarity, combined with excessive alcohol consumption.

So your statement about being safe walking across campus is really not applicable - the better question is: How safe are you in your room or at a party with other cadets, after you, another female cadet, and 3 other male cadets are smashed drunk and judgments become clouded?

Probably no safer (or in no more danger for that matter) than any other institution with plenty of 18-22 year old girls and boys who are mixed together with alcohol.

 

[Bullet]

No one is (I don't think any one is) claiming there are anonymous tree jumpers at USAFA.

In almost every case of these assaults, there seems to be some sort of familiarity, combined with excessive alcohol consumption.

So your statement about being safe walking across campus is really not applicable - the better question is: How safe are you in your room or at a party with other cadets, after you, another female cadet, and 3 other male cadets are smashed drunk and judgments become clouded?

Probably no safer (or in no more danger for that matter) than any other institution with plenty of 18-22 year old girls and boys who are mixed together with alcohol.

Certainly, Luigi. But then again, one can argue that those opportunities to be in situations where students are drinking are much lower at Service Academies than they are at almost EVERY other institution of higher learning (with the obvious exceptions being places like BYU or Liberty).

 

[Luigi59]

Certainly, Luigi. But then again, one can argue that those opportunities to be in situations where students are drinking are much lower at Service Academies than they are at almost EVERY other institution of higher learning (with the obvious exceptions being places like BYU or Liberty).

Yes, that's a given. But when they get that opportunity, perhaps it can lead to binge-type drinking where the goal is extreme intoxication due to those limited opportunities?

Has any of the assaults happened without the involvement of alcohol?

Regardless, the point in my response above is - I think everyone understands that USAFA is a "safe" place when it comes to walking across the campus at night as falcongirl stated. We all know the assaults are not taking place in that scenario.

 

[BruceRTalbot]

Very concerned about my DD attending the USAFA. What can be done to insure her safety in an apparently dangerous place for women? I fear that she will be constantly looking over her back...and well she probably should.
http://denver.cbslocal.com/2012/01/05/academy-charges-3-cadets-with-sex-assaults/

My daughter just returned from a one semester exchange at AFA and loved the experience saying everyone was very friendly and welcoming. Best thing you can tell you daughter: 1). always use the buddy system, 2). stay away from alcohol and people who are drunk/doing drugs. Doesn't cover all cases, just most of them.

 

[Luigi59]

Update

Charges against 1 cadet were dismissed after determining both the accused and the accuser were "substantial intoxicated" enough to raise doubt as to the charges.

The court martial of the other cadet was supposed to begin yesterday but was delayed.

 

[Luigi59]

Update

AFA cadet's court martial begins today - June 18, 2012 Colorado Springs Gazette

 

[YorkieMom75]

Be Informed

Best thing you can tell you daughter: 1). always use the buddy system, 2). stay away from alcohol and people who are drunk/doing drugs.

This is the best advice. Also, be informed. Here is a link to information covering prevention of sexual assault. DDs should know what to do in the event something does happen. As leaders, they will need to advise underclass females at USAFA and later females on AD. Know what to do - know the reporting procedure. There is mandatory training for all service members on prevention of sexual assault, and this probably includes cadets too. Some people don't take this training seriously; every female cadet should. Pay attention and be informed.

http://www.afpc.af.mil/library/sapr/index.asp

Also, in their C3C year, females get training in self defense, right? For those who don't already have a black belt, like BBB's DD, the training is for practical purposes, not for a PE class requirement.

And just to review, 1). always use the buddy system and be aware of your surroundings 2). stay away from alcohol and people who are drunk/doing drugs.

 

[cadet15]

Also, in their C3C year, females get training in self defense, right? For those who don't already have a black belt, like BBB's DD, the training is for practical purposes, not for a PE class requirement.

We get that self defense class as freshmen instead of the boxing the guys take. There is also more self defense training junior year for both the males and females. I am not sure how applicable the class is, but it is given to us freshman year.

 

[raimius]

Yes, cadets get to learn the intricacies of the sexual assault prevention and response programs in the AF. They get LOTS of briefings on it.





("If we just give a 27th briefing, maybe we'll connect with the two people who didn't pay attention to the first 26 briefings!")

 

[Luigi59]

Update

http://www.gazette.com/articles/academy-140714-sexual-claxton.html#ixzz1ybzOhHsx

Cadet in sex cases sentenced to 6 months confinement

June 22, 2012

An Air Force Academy cadet convicted of sexual misconduct was sentenced on Friday to six months in a military prison and dismissal from the Air Force.

Cadet Stephan H. Claxton, who just finished his junior year at the academy, was found guilty Thursday in connection with two incidents in 2011, but he was acquitted of charges stemming from a third.

Contrary to a previous report, he was convicted of wrongful sexual contact in connection with a March 2011 incident when he grabbed a woman’s hand and placed it on his crotch as she lay in one of the academy’s dorms.

A jury of seven Air Force Academy officers also found him guilty of attempted abusive sexual contact and four counts of assault and battery from an incident in November. Prosecutors said he unzipped a woman’s pants and pulled up her shirt as she lay passed out after a night of drinking.

A fight ensued when other cadets found Claxton in the room with the woman unconscious and partially undressed.

“These are the accused’s friends who are testifying and telling you what happened,” prosecutor Capt. Adam Bentz said during closing arguments on Thursday. “They didn’t want to believe it.”

The jury dismissed two counts of wrongful sexual contact in a May 2011 incident that occurred in a hotel room. During the trial, there was conflicting witness testimony about that incident.

The jury returned the verdict in a little less than three hours. Claxton had faced up to nine years in a military prison.