Our client had just started his residency program at Fort Cavazos when he started involving himself with the alleged victim. He met her on Tinder and they exchanged a large number of messages before their first date. Their first date included going to dinner, going to a bar and eventually securing a hotel room where they engaged in a number of sex acts. The next day they continued their constant sexting. She did state something about boundaries in her messages however she also painted an inconsistent message with mixed messages throughout her messaging.
They scheduled another date and this time the date ended at her place. Unfortunately, her apartment was not the most romantic of places. Her apartment was a wreck. Cat feces and cat sand was everywhere. Her apartment painted a poor impression for our client who decided to no longer pursue the relationship. She sent him a text after he left, however he failed to respond. A few days later she lodged her complaint with the local police. After thoroughly investigating the matter, the local district attorney declined to prosecute for lack of evidence. However, the Army decided they would run with this.
Interestingly enough, this case had an Office of Special Trial Counsel assigned to the case. However, days before the trial he left the case for unstated reasons.
The alleged victim had given a variety of statements in this case. Most of the statements were inconsistent. Additionally, the text messages were a gold mine of information revealing her intent and painting a strong narrative of consent. I personally cross examined her for three hours non-stop with no break. While it was a mental work out, I was thoroughly prepared for her. On at least 47 occasions she said I don’t know or didn’t recall. Every single time I pointed to either a text she sent or a statement she made to refresh her recollection. Ultimately the Military Judge acquitted our client and now he can move on and finish his Residency.