Air Force Academy – A senior Air Force Academy cadet was found not guilty of rape but guilty of “indecent acts” at a court-martial today.
The trial was to enter its sentencing phase later today.
Cadet Benjamin Kuster’s accuser, now a second lieutenant in the Air Force, had said she was sleeping when the sex occurred during a scuba club trip. Kuster was charged with rape and also indecent acts for having sex with his girlfriend in front of other cadets who were trying to sleep in the hotel room where the group was staying in New Mexico in May 2004.
Kuster has fulfilled all the requirements for graduation and would have tossed his cap during class of 2005 graduation ceremonies Tuesday if not for the rape allegations. Because of the conviction, he now will earn his credits but probably not receive his diploma, a spokeswoman said.
Kuster was the first cadet to be charged with rape since a 2003 sexual-assault scandal that prompted Air Force leaders to usher in an “Agenda for Change” calling for new leadership policies at the academy.
Prosecutors contended the woman was raped because she was too drunk to consent to sex.The defense claimed the woman accused Kuster of rape because she was afraid she would be discharged from the Air Force for kissing Kuster’s girlfriend.
That night, the alleged victim and Kuster’s girlfriend hooked arms and toasted like newlyweds at dinner, then returned to a hotel room where they kissed, according to witnesses and the women themselves.
Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.
