Mr. Speaker, I'm sure many people followed the case against Lamar Owens, as well as the not guilty verdict that followed. Because the impact of this case does not end with the verdict, I am submitting two opinion articles for the Record. I…
Mr. Speaker, I'm sure many people followed the case against Lamar Owens, as well as the not guilty verdict that followed. Because the impact of this case does not end with the verdict, I am submitting two opinion articles for the Record. I believe these articles highlight some important things to consider regarding the lasting impact these charges will have on this young man, his accuser, and so many others. I submit the following opinion articles for the Record: ``Owens absolved, but Navy case has no winners,'' by Rick Maese from the Baltimore Sun and ``Academy can help dispel cloud from rape case,'' which appeared in the Capital on August 1, 2006.
[From the Capital, Aug. 1, 2006]
Academy Can Help Dispel Cloud From Rape Case
Whatever conduct Midshipman 1st Class Lamar Owens admitted
to when he was court-martialed on rape charges, much of the
second guessing following his acquittal on those charges
hasn't focused on him. It has focused on the Naval Academy,
which relied on noncredible testimony in a case that
showcased the superintendent's crackdown on sexual
harassment.
A military jury recently acquitted Midshipman Owens of
raping a female midshipman. It found insufficient evidence to
disregard Midshipman Owens' version of events. He contended
all along that the sexual intercourse was consensual.
The female midshipman, who had a history of alcohol abuse,
had returned to her dorm drunk on the night of the incident.
Midshipman Owens testified that she invited him to her room
and that she fell asleep during sexual intercourse.
It was her word against his--and the verdict surprised no
one who followed the trial. The jury did convict Midshipman
Owens of the lesser charge of conduct unbecoming of an
officer, but declined to impose any punishment for it.
The case was deeply flawed. Not only did the accuser's
history cast doubt on her testimony, but she didn't even cry
for help from a roommate asleep just a few feet away. All the
prosecutors really had solid evidence for was a sexual
encounter--something that violated the institution's honor
code, but is not unheard-of at the academy.
There are no winners here, but right now the biggest loser
seems to be Midshipman Owens. His reputation can't be
restored and the suffering for himself and his family can't
be erased. The superintendent should drop any further action
against him.
It is less clear what to do with his accuser. She and her
friends were granted immunity for their testimony, so she
faces only minor disciplinary action. Perjury trumps
immunity--so if prosecutors believe she perjured herself,
would they pursue those charges with equal determination?
Just what is the penalty for making a false accusation?
Graduation and a commission? The accuser's name wasn't
paraded before the public. Her family didn't have to face
public speculation and ridicule. She was shielded. But given
the problems she admitted to at the trial, is she the kind of
officer we'd want to lead troops into combat?
The superintendent, Vice Adm. Rodney Rempt, inherited a
school with a history of sexual misconduct. We applaud his
determination to purge the academy of sexual harassment. But
in the process of demonstrating their resolve, he and his
staff appear to have chosen the wrong case.
We don't know if the superintendent got bad advice from the
attorneys or if he decided to make an example of Midshipman
Owens, the former quarterback of the Navy football team. But
now that Midshipman Owens has been acquitted of rape, we
believe he has suffered enough. If his accuser ends up with
the commission that he deserves, then the worst miscarriage
of justice is yet to come.