Alleged Air Force Rape Victim Won't Face Court Martial

Pope Air Force Base — An Air Force enlisted woman who claimed to be the victim of a rape at Pope Air Force Base will not face a court-martial for offenses stemming from the case, the military announced.

Airman First Class Cassandra Hernandez had been scheduled to face a court-martial on Sept. 24 for charges of underage drinking and committing indecent acts.

Instead, 43rd Airlift Wing Commander Col. Timothy Zadalis administered nonjudicial punishment for the underage drinking charge. He also decided nonjudicial punishment was inappropriate for the indecent acts allegation and handled that charge through administrative action, a Pope spokesperson said.

Hernandez may appeal the rulings and submit information in response to the administrative action, officers said. She will remain in the Air Force.

"The actions taken are meant to be rehabilitative," Capt. Beverly G. Mock said in a press release. "The Air Force and the 43rd Airlift Wing Commander expect that Airman Hernandez will successfully continue to serve the Air Force and the nation."

The charges stemmed from events at a party on May 13, 2006. Hernandez reported to military officials that she was gang-raped by three other airmen at the party.

The Air Force charged Airman Russell J. Basile but dropped the case when Hernandez refused to testify. Later, Hernandez said she felt pressured by the Air Force judicial process and intimidated by Basile’s defense attorney, an Air Force lawyer, who she said interviewed her without her victim’s advocate present.

In February, Lt. Col. David Knight, the commander of Hernandez's unit, the 43rd Operations Support Squadron, signed papers charging Hernandez with committing an indecent act by having sexual relations with Airman 1st Class Jerrell W. Apache while Basile and Airman Rotez J. Butler Butler watched. She was also charged with underage drinking.

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Everyone -

PLEASE read the prior articles and get the full story before jumping to conclusions! Yes, she said she was raped, but when asked to testify, she refused. Without her testimony, there was not enough evidence against all three men to go to court martial. They were all offered Articles 15 and accepted them. They, including Airman Hernandez, were all charged with indecent acts (having sex while others watch in this case) because she refused to corroborate or testify to the rape allegation. She refused the Article 15 the result of which is a court martial. That's just the way the military justice system works. More and more evidence was piling up that did NOT back up her story of being raped; it backed up the story that she was a willing participant who later had regrets. I'm assuming she finally chose (and it HAD to be her choice, that's the way it works) to accept the Article 15 knowing that her chances of a conviction at court martial were pretty high.

That's truth.

Betty Girlie
September 14, 2007 8:52 p.m.

Hey, sww1rb, maybe you should get your facts straight before you start lecturing.

NotFromHere
September 14, 2007 6:11 p.m.

"I'd be willing to bet, however, that these guys will pay through unofficial means." You would lose that bet. The Air Force encourages the "bravado". They think it makes better fighter pilots.

mvnull
September 14, 2007 5:03 p.m.

There is no Justice in the Military. It doesn't matter which branch. Unless, you are an officer, the Military can replace you with someone else. You are just antother piece of property, to them.