Sex Cases Rarely Go to Trial at Academy

"I have constantly made it clear to all our staff and midshipmen that the Navy does not tolerate sexual harassment and sexual assault," the academy's superintendent, Vice Adm. Rodney P. Rempt, said in a statement yesterday.

45 Cases Analyzed

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The Post analyzed incident reports and summaries for 45 cases from the 1997-98 academic year through the 2003-04 year, the latest for which detailed documents were readily available. The records contain specific information about the cases but do not name victims or offenders.

In three of four incidents, the suspect and victim knew each other. In two of three, alcohol was a factor, and about half of those involved underage drinking, the analysis shows. Both issues have taken center stage in the Owens case, in which the football player, 22, and his 20-year-old accuser have admitted to drinking.

Of the 45 cases examined, six were referred to court-martial after an investigating officer determined that there was enough evidence to prosecute at a preliminary hearing, known as an Article 32.

But none ended up going to trial. One case involving a senior enlisted Marine accused of raping a midshipman was thrown out by the Marine Corps for procedural errors. The Naval Academy attempted to reopen the case, but a military judge ruled that it did not have jurisdiction.

The five other cases involved midshipmen accused of sexually assaulting or raping female midshipmen. In each case, the accused was discharged from the academy before trial.

Overall, The Post analysis found 22 instances in which midshipmen accused of sexual assault were discharged from the academy between 1998 through May 2004. All but three were for offenses related to their case, but usually there were reduced charges, such as sexual misconduct rather than criminal sexual assault. In two cases, the suspects received other-than-honorable discharges; the rest received general discharges or administrative separations.

In one case, charges against a midshipman were dropped after his accuser refused a military judge's order to testify about child sexual abuse involving her father. The accused midshipman was later expelled for other sexual misconduct.

The only case that went to trial in that period was heard in a civilian court in San Diego, where a midshipman was accused of raping a civilian woman in June 2001 while on summer duty. He was sentenced to one year in jail and five years' probation. He was also required to register as a sex offender.

The only court-martial in a sexual-assault case since 1998 came last summer and involved two male midshipmen. That resulted in a conviction, and the defendant was sentenced to one year in the brig. The case is being appealed. Four other cases remain under investigation.

The fact that accused midshipmen, in almost every case, were able to avert prosecution by leaving the academy is "profoundly troubling," said Jamin B. Raskin, a law professor at American University with extensive experience in civil rights and sexual discrimination.

"A sexual assault should not be treated like a case of plagiarism," Raskin said. "This is not just an offense against academic rules; it's a crime. . . . The ethos of the institution should not be you take whatever you can get and if you get caught, then you leave."