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DA Drops Charges In Air Force Rape Case

DA Says Not Enough Evidence To Convict

POSTED: 4:21 pm MST January 10, 2007
UPDATED: 4:37 pm MST January 10, 2007

Charges have been dropped against a former Air Force Academy cadet who was accused of raping a female cadet in 2000.

The district attoney's office decided after reviewing the case to drop the sexual assault charges against Capt. Joseph Harding, saying, "We do not believe we can meet the required burden of proof."

Harding said he never raped the cadet whose allegations sparked a scandal at the Air Force Academy. The case was put on hold because the alleged victim's therapist refused to turn over her notes saying the notes were confidential information.

The alleged assault happened in 2000 while Harding and the accuser were at the academy.

The accuser, Jessica Brakey, was among the first of dozens of women who stepped forward to say they were punished or ignored when they reported being sexually assaulted, sparking the scandal in 2003 that prompted several investigations and toppled some of the school's top commanders. Brakey has agreed to have her named used publicly.

"The victim in this case displayed tremendous courage, like many victims, in giving information," said chief prosecutor Diana May. "However, when the case is reviewed in its entirety, we cannot prove the elements beyond a reasonable doubt."

Harding was also accused of assaulting another female cadet in 1999, but that charge was dropped in 2005.


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