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Aggressive Cross-Examinations and Solid Preparation Result in Acquittal of Attempt Rape

August 28, 2026, United States v. E-4. United States Army, Camp Humphreys, Pyeongtaek, South Korea. The Government prefers charges of Assault Consummated by Battery, Assault with Intent to Commit Rape, and Aggravated Sexual Contact. Specialist was placed in Pre-Trial Confinement and then retains Mr. Gapasin to represent him for the upcoming trial less than 1 month away. Gapasin immediately supplements a previous motion to elicit evidence that his client and the female accuser, also a Specialist, had engaged in prior consensual sexual encounters within 2 weeks prior to the alleged attempted rape. The Military Judge granted Gapasin's motion to elicit evidence of their prior sexual encounters. Both encounters were similar to the alleged sexual assault, in that in all 3 encounters, either the client or the accuser contacted each other, then deadbolted the door thereby leaving it ajar for the other to enter, and then engaged in sexual intercourse. Mr. Gapasin noted how all 3 encounters appeared to be nothing more than hookups, with no real relationship between them. On the 3rd encounter, she agreed to let him come over and left her door deadbolted. She was in bed when he arrived, and he laid down next to her. In court, she testified that she adamantly declined his sexual advances, stating she did not want to have sex, but that the client allegedly forcefully kissed her, pulled her clothing down, grabbed her breast painfully, pulled her from the bed, and grappled her to the ground before eventually leaving after asking for a hug and saying he was just playing. Mr. Gapasin argued that based on the circumstances, his client's reasonable mistake of fact was proven. Gapasin was also able to keep out additional accusations under Military Rule of Evidence (M.R.E.) 413. In the same trial, the Government preferred charges against Gapasin's client for assaulting a Staff Sergeant with Air Force Security Forces while outside the Onyx Club, and for assaulting a Sergeant on a later date after a dispute over a VIP booth in a club. Gapasin aggressively cross-examined all of the Government's witnesses, illustrating how the alleged punch against the security forces member appeared to have been inadvertent, and how his client had an alibi to the punching of the Sergeant because a witness placed his client in the club rather than outside of it when the fight occurred. Gapasin also accused law enforcement of sloppy investigations and only collecting evidence that corroborated the accusers' side of the story rather than the entire truth. RESULT: "VIRTUAL" FULL ACQUITTAL by Officer and Enlisted Panel, finding Mr. Gapasin's client NOT GUILTY of Assault with Intent to Commit Rape, NOT GUILTY to Aggravated Sexual Contact, NOT GUILTY to BOTH allegations of Assault and Battery outside of the clubs in the 'Ville. MINIMAL Punishment, NO SEX OFFENDER REGISTRATION.

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