Vance hosts 13th sexual assault mock trial

  • Published
  • By Tech. Sgt. James Bolinger
  • 71st Flying Training Wing Public Affairs
The 71st Flying Training Wing Legal Office hosted its 13th mock sexual assault trial June 4 to educate Airmen here about the court-martial process and the complexities of sexual assault cases.

The trial was prosecuted by Maj. Megan Schmid, a 71st FTW lawyer, who brought the program to Vance 18 months ago.

"The interactive nature of this training allows Airmen to participate while learning and leave with a better understanding of what consent to sexual activity means," she said.

Schmid got the idea from an article about a similar program at Spangdahlem Air Base, Germany, which outlines the details in an actual case with complex facts involving heavy drinking and sex between two Airmen.

The scenario was very realistic, said Airman Kristi Stone, a 71st Medical Support Squadron public health technician, who was on the panel for the June 4 mock trial.

Seeing the story from both sides and getting to make a decision based on the facts provided was better than listening to a briefing, she said. The fact that this was based on a real situation made it that much more real.

Airmen in the ranks of E-4 and below and lieutenants awaiting pilot training are the target audience for the trials, which are a partnership between the legal office, the Air Force Office of Special Investigations (OSI) Detachment 438, the Vance Chaplain's Office, and the Vance Sexual Assault Response Coordinator, Terri Presa.

Airmen were divided into a panel that is equivalent to a civilian jury, while others watched from the gallery, which are seats in a courtroom that are open to the public.

Until the most recent mock trial, officers and enlisted servicemembers were separated. There were also no NCOs on the panel. The most recent trial was composed primarily of Airmen E-4 and below, but included one technical sergeant and one captain.

The morning started with the members of the panel and the gallery watching a short video which detailed the events that happened the night of the alleged sexual assault that was the subject of the mock trial.

The members were then briefed on courtroom layout and the jobs of the court officers present.

After the briefing, the "judge" called the court to order and the panel was sworn in. Then the prosecutor presented the government's case against the accused perpetrator, a single, male senior airman.

"The victim testimony is pre-recorded, as created by the Spangdahlem Legal Office," said Schmid. "We've added special agents from Air Force OSI who testify as they would in a real court martial."

The experience for the OSI agents has been a beneficial one as well, said Schmid. These trials have provided them with practical experience in testifying.

After the OSI agent testifies, the attorney for the defense presented his case and reviewed evidence that could sway the panel to find his client not guilty.

Finally, the panel was read instructions from the judge and moved into a sequestered room to deliberate.

"We've been impressed by the amount of learning that occurs among the participants, especially with regard to them understanding the dangers of alcohol use and the need for bystander intervention," said Schmid.

The actions of the bystander in the scenario are one thing Stone said impacted her ideas about what it means to be a wingman.

"We need to pay more attention to our surroundings," said the 21-year-old Airman from California. "Something like what happened in this scenario could be pretty easy to prevent if only someone had said 'you both have had too much to drink -- this is a bad idea.'"

No one can guess the outcomes of the panels in these mock trials, said Terri Presa, the Vance SARC. The scenario is confusing. Both parties were intoxicated, and there are conflicting stories about what occurred.

"Often when we talk to the gallery while the jury is deliberating they have the opposite verdict from the same information," she said.

About 50 percent of the panels in each of the 13 mock trials at Vance have returned from deliberation with a guilty verdict for the accused, said Schmid. The June 4 trial had the first panel to return with no verdict due to not having enough facts to make a decision.

The important thing is that Airmen learn something from the experience, regardless of whether they come back with a verdict.

"We've received very positive feedback from our participants after the mock trials," said Schmid. "They appreciate the interactive nature of the training and the ability to ask questions throughout the program."

Stone said she was most surprised to learn about the length of time it takes to hold a sexual assault trial.

"I thought it would happen faster; more like two months," said Stone, "but one year or more -- that surprised me."

Education on the court martial process is important, but Presa appreciates the visibility the trials bring to the SARC program.

"This is one of the most effective programs for raising awareness about sexual assault I've seen in the 22-and-a-half years I've been with the Air Force," said Presa. "And, I passed that on to my bosses at [Air Education and Training Command]."