Sex Cases Rarely Go to Trial at Academy

Despite Evidence, Most Accused Midshipmen Expelled Instead

With striking regularity, sexual-assault charges at the U.S. Naval Academy are dismissed without trial and the suspects are instead expelled from school, according to an analysis of hundreds of pages of Navy documents.

Of 56 midshipmen accused of sexual assault since 1998, two have been convicted, and one of those was in a civilian court, a review by The Washington Post of Navy incident reports, case summaries and data released by the school shows.

In virtually every other case in which investigators found evidence of sexual assault, military prosecutors -- and, in one instance, civilian officials -- cut deals forcing the alleged offender to leave the academy without facing trial and without having a criminal record.

At colleges across the country, administrators acknowledge that too few campus rapes lead to prosecution. But unlike most colleges, the Naval Academy has the power to bring criminal charges directly against its students through the military justice system.

The college has seen an increase in sexual-assault reports in recent years: Of 72 cases since 1998 in which a midshipman was the victim or the accused, 51 have come in the past four academic years alone -- a rise that academy officials attribute to a concerted effort to encourage victims to report incidents.

But increased reporting is only part of the solution, victims advocates say.

"It's not about how many reports you're receiving, it's about how much justice you're providing to victims of crime," said Anita Sanchez, spokeswoman for the Miles Foundation, an advocacy group for victims of violence associated with the military.

Academy leaders say that they take every case seriously but that allegations are often hard to prove. In at least 13 cases, victims did not pursue an investigation.

"Factors such as these impact the availability of evidence necessary to prove that an offense occurred when taken to military or civilian courts," said Mike Brady, an academy spokesman.

And because most involve acquaintance rapes, the charges are often difficult to prove under military law. Although most state and federal rape laws have been expanded to encompass date rape, the military has been slow to follow. Congress finally expanded the military's rape statute in the 2006 National Defense Authorization Act, but it won't go into effect until next year.

The 160-year-old school has been plagued by sexual assault and harassment issues since it began admitting women in 1976, despite intensive high-level studies and hundreds of recommendations for change.

The school finds itself in the spotlight again with Lamar S. Owens Jr., last season's starting quarterback, who is accused of raping a midshipmen in her dorm room. A hearing on his case was postponed last week as prosecutors consider additional charges against him.