Two years ago a cadet the Military Academy of the United States of America, also known as West point, Jacob Whisenhunt was sentenced to 21 years imprisonment for rape of sleeping classmates. On Monday he was acquitted of all charges due to lack of evidence that the girl did not agree to a relationship with Jacob, considering how many people were around them at the time. Now cadet can return to studies at West point, as this accusation was his only grounds for dismissal from the army.
As noted in the written decision of 3 military judges: «the Theory of protection was, that the defendant and the victim had sexual contact by mutual consent, taking measures to avoid «caught». In our opinion, the evidence in favor of this theory undermine the case against the accused.»
The seventh of July of 2016 cadet accused that he raped another cadet female while she slept in a sleeping bag during the summer field tactical training.
The fifth of may 2017 6 the jury sentenced Whisenhunt to 21 years in prison. He was stripped of his charge and kicked out of the army. At the time the verdict was considered a victory in the fight against sexual assault in the military and College campuses.
However, Whisenhunt did not accept this decision and requested a retrial by the court of appeal.
Despite the fact that the judges of the court of appeal did not have the opportunity to see and talk to witnesses, they dropped all charges against Wisenhunt. The judges were struck by the fact that the girl did not attempt to resist, especially given the fact that Wisenhunt did nothing to silence her, to hide his identity or to conceal evidence of the alleged assault. All these circumstances did not fit into the picture of violence.
In his statement, the girl cadet was allegedly raped, said that he had frozen when I woke up and realized that Wisenhunt trying to rape her. In turn, Jacob said that «the affection was mutual» and they both made every effort to hide what is happening. In particular, they held his breath when he thought someone passing by.
Given the fact, as was posted on the night of the cadets, the judges stated that «clearly it is difficult to conclude that the defendant could commit the crime without the help or possibility to be seen.»
The judges felt extremely unlikely that the girl tried to scream when I woke up next to Whisenhunt that would attract attention to the rapist. They said: «This is particularly interesting given the fact that there is no evidence that the defendant threatened the victim or took any steps to prevent her screaming, for example, to close her mouth.»
Very very unlikely it seemed that Wisenhunt have attacked the girl, well aware that she easily identifies him as a rapist, or that he would leave his seed in her sleeping bag when committing the crime.
After his acquittal, the representative of the West point Lieutenant Colonel Christopher Ofart said: «West point is aware of the decision of the court of appeal and take appropriate measures.» In this case, the cadet has the opportunity to be restored at the Academy or ask about his exclusion from an educational institution. Because he was convicted before he has completed 2 years of study at the Academy, he has no obligation to perform some military service or to pay for their education.
