{"id":364670923,"date":"2026-06-03T21:19:04","date_gmt":"2026-06-03T21:19:04","guid":{"rendered":"https:\/\/www.gapasinlaw.com\/full-acquittal-of-all-charges-and-specifications-no-confinement-no-federal-conviction-no-sex-offender-registration"},"modified":"2026-06-03T21:19:04","modified_gmt":"2026-06-03T21:19:04","slug":"full-acquittal-of-all-charges-and-specifications-no-confinement-no-federal-conviction-no-sex-offender-registration","status":"publish","type":"post","link":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/?p=364670923","title":{"rendered":"Gapasin Uses CID&#8217;s Forensic Evidence and Accuser&#8217;s Weak Testimony To Argue How the Government Fails Its Burden to Prove Officer Committed Sexual Assault."},"content":{"rendered":"<ul class=\"page_nav\">\n<li class=\"prev\">\n      <a href=\"https:\/\/gapasinlaw.espresso.themodernfirm.com\/elimination-action-terminated-captain-overcomes-reason-for-the-show-cause-proceeding-fully-retained-no-discharge\">\u2190 Previous<\/a>\n<\/li>\n<li class=\"next\">\n      <a href=\"https:\/\/gapasinlaw.espresso.themodernfirm.com\/full-acquittal-for-rape-no-confinement-no-federal-conviction-no-sex-offender-registration\">Next \u2192<\/a>\n<\/li>\n<\/ul>\n<div class=\"case_result wrapped_content\">\n<h1>Gapasin Uses CID&#8217;s Forensic Evidence and Accuser&#8217;s Weak Testimony To Argue How the Government Fails Its Burden to Prove Officer Committed Sexual Assault. <\/h1>\n<div class=\"wysiwyg_container\">\n<p><b>October 13, 2017, U.S. v. O-2, United States Army, Fort Bliss, El Paso, Texas.<\/b>&nbsp;First Lieutenant is accused of sexually assaulting a female Private. Private alleges that following a military ball, the Lieutenant and a Captain met her at a bar and conspired to bring her back to the Lieutenant&#8217;s apartment. She alleged that the purpose was to sexually assault her while she was incapable of consenting due to alcohol. She claimed very little recollection at his apartment due to her intoxication. She claimed to remember the Lieutenant being on top of her and also forcing her to perform oral sex while the Captain observed. Her memories were \u201chazy\u201d and she only remembered pieces of the evening. The Government charges the Lieutenant with sexual assault and conspiracy to commit sexual assault. Lieutenant retains Mr. Gapasin to represent him. At trial, Gapasin argues how the DNA evidence obtained through a forensic examination points to the co-accused Captain as the one who had sex with the Private. Gapasin also argues how the Private was afflicted with \u201calcohol myopia\u201d which distorts perception and results in a misperception of the context of events, in that she believed the client was having sex with her when it was actually the Captain. Gapasin cross-examines the alleged victim, later arguing how her responses were evasive and failed to provide the \u201cevidentiary certainty\u201d needed for the Government to satisfy its burden of proof. Gapasin not only attacks her perception, but her credibility as well due to her numerous inconsistencies and contradictions in interviews with the El Paso Police Department, the Sexual Assault Nurse Examiner (SANE) and CID.&nbsp;<b>RESULT: FULL ACQUITTAL of All Charges and Specifications. NO Confinement, NO Federal Conviction, NO Sex Offender Registration.<\/b><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>\u2190 Previous Next \u2192 Gapasin Uses CID&#8217;s Forensic Evidence and Accuser&#8217;s Weak Testimony To Argue How the Government Fails Its Burden to Prove Officer Committed Sexual Assault. October 13, 2017, U.S. v. O-2, United States Army, Fort Bliss, El Paso, Texas. &nbsp;First Lieutenant is accused of sexually ass<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-364670923","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/364670923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=364670923"}],"version-history":[{"count":0,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/364670923\/revisions"}],"wp:attachment":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=364670923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=364670923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=364670923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}