Midshipman in Naval Academy sex case not guilty

WASHINGTON (AP) — A former U.S. Naval Academy football player was acquitted today of sexually assaulting a classmate at a party, bringing to conclusion a case that began almost two years ago and drew wide attention at a time when the military is under scrutiny for how it handles sexual assault cases.

The judge, Col. Daniel Daugherty, acquitted Joshua Tate of Nashville, Tenn., of one count of aggravated sexual assault. During the trial, prosecutors argued that the woman Tate was accused of assaulting was too drunk to consent to sexual activity. But Tate's attorneys disagreed, arguing the woman was in control of her body and making decisions for herself.

The judge said in announcing his decision that the facts of the case "present difficult and complex questions." And he said that the vast majority of testimony at the three-day trial, testimony by midshipmen who attended the party where the alleged assault occurred, was shaded by alcohol consumption and the passing of time. But the judge concluded prosecutors had not proved their case beyond a reasonable doubt, the standard required for conviction.

Tate's case was being closely watched case as the military tries to improve the way it handles sexual assault cases. A Pentagon report released last year estimated that as many as 26,000 military members may have been sexually assaulted in the prior year and that thousands of victims are unwilling to come forward out of fear their careers might be derailed.