Think the media changed their ways after learning a lesson about rushing to judgement and naming the accused from the Duke case? Think again:http://news.yahoo.com/s/ap/20080423/ap_on_re_us/naval_academy_rape
WASHINGTON - A female midshipman at the U.S. Naval Academy testified Tuesday that a fellow midshipman raped her in her dorm room after he had been drinking.
Mark Calvanico is accused of rape, making a false statement to investigators, conduct unbecoming an officer and unauthorized absence.
The woman, who is in her second year at the academy, testified at an Article 32 hearing at the Washington Navy Yard. The hearing is being held to determine whether Calvanico, a third-year student, should stand trial.
The woman said Calvanico, whom she described as an acquaintance, forced himself on her in October after making a third visit to her dorm room after midnight. She testified that she told Calvanico to leave her alone, but he wouldn't listen.
"He was drunk, and he was very forceful," she said.
The woman testified that Calvanico pinned down her arms during the assault. She paused and wept several times during her testimony and struggled to describe details of the incident.
"He raped me," she said under questioning. "I mean, what do you want me to say?"The Associated Press generally does not identify people alleging they were sexually assaulted
Calvanico's lawyer, Michael Waddington, argued there was no evidence of "forcible rape" and that his client simply wanted to "schmooze his way into a make-out session" with someone who had expressed romantic interest in him.
"It's our position there was no intercourse -- no intercourse, no rape," Waddington told Lt. John Clady, the investigating officer in the case who is assigned to issue an opinion on whether the case should proceed to a court martial.
The accuser's roommate testified that Calvanico visited their room five times that night, but that her roommate had left the room after his third visit, when the attack is alleged to have occurred.
She said Calvanico and her roommate had a burgeoning romance that they were concerned violated the school's fraternization policy.The Associated Press refrained from identifying the roommate because doing so could go toward identifying the accuser in her community.
The roommate said she was half asleep with her back to Calvanico and her roommate at the time the attack is alleged to have happened. She said she didn't hear yelling, but that she heard her roommate tell Calvanico to "get out of my room."
She said she didn't hear signs of a struggle but that she did hear a rustling coming from her roommate's bed.
Naval Criminal Investigative Service Agent Michelle Robinson testified that DNA from both midshipmen was found on the inside and outside of a pair of boxer shorts Calvanico had been wearing that night.
Under questioning by the defense, Robinson said Calvanico's DNA was not found on a vaginal swab of the accuser or on any of the blankets, sheets or clothes. Robinson also said no bruises or cuts were found on the accuser's genitals.
Vice Adm. Jeffrey Fowler, the superintendent of the Naval Academy, will ultimately decide whether Calvanico, a student in his third year, will stand trial.
The Naval Academy has faced scrutiny in recent years for its response to sexual assault and harassment on campus.
An academy program begun last summer requires midshipmen to attend training seminars on sexual misconduct during their four years at the school.So they aren't even sure if its going to trial, but they have to name the accused name in the AP?