The Article 32 hearing for the soldier involved in the alleged rape of an Filipina juicy girl on Okinawa Island has completed and a decision on whether to proceed with a trial or not is being awaited:

The defense called it “the sloppiest investigation this island has ever seen.”

The prosecution said “the government met its burden in each and every element of the case.”

Now it’s up to the Article 32 investigating officer to make a recommendation whether Army Spc. Ronald Hopstock Jr., 25, should face a general court-martial for the alleged rape of a bar worker Feb. 17 in an Okinawa City hotel.

The three-day hearing, similar to a preliminary hearing in civilian courts, ended here Monday. Lt. Col. Seth Sherwood, who presided over the hearing, said he will make a recommendation to the convening authority within the next few weeks.

He reminded those present at the hearing Monday that his task was merely to report whether there was enough evidence to warrant a trial.  [Stars & Stripes]

The defense made some good points that I think shows that this may not have been a rape:

During three days of testimony, the defense introduced evidence that the woman, known publicly only as Hazel, had many chances to report she had been raped but didn’t until hours later when she was taken to a local hospital for treatment.

Lead defense attorney Capt. Tim Bilecki seized upon that delay in his argument for not proceeding to a general court-martial.

“There was no objection to being in the room alone with Hopstock,” Bilecki said, pointing out that the soldier let Hazel call another dancer from the bar, who was in another room with other dancers and a group of Marines.

“She could have told her in Tagalog [her native Philippine language] that she had been raped, but she didn’t even want to talk to her friend,” Bilecki said. “She could have run out of the room. But she didn’t because she wasn’t raped.”

Bilecki argued that the bleeding was caused by Hazel’s rare medical condition. Suffering from androgen insensitivity syndrome, Hazel is genetically a male and has a small vagina but no cervix, doctor’s testified during the hearing. Sex with Hopstock caused a serious internal tear, Bilecki contended.

He said Hopstock immediately stopped all sexual activity when he realized Hazel was bleeding and tried to help her, but she refused to get help from friends or go to a hospital. Later, Hopstock spent his last $20 to pay a cabbie to take Hazel to the Awase house she shared with the other bar girls. But it was just her third day on the island and she did not know how to get home.

The cab took her back to the hotel, where she sat in the lobby, looking pale and woozy, until the hotel staff called for an ambulance.

They testified by telephone Monday that Hazel never mentioned she had been raped.

It will be interesting to see if this goes to trial because of evidence involved or to appease public sentiment on Okinawa.

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