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Originally published Friday, September 6, 2013 at 5:40 PM

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Suit wants Naval Academy chief out of sex-assault case

The complaint claims that the Naval Academy’s superintendent showed bias against the alleged sexual-assault victim by requiring her to endure a long and hostile cross-examination during the hearing.

The Washington Post

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The midshipman who has accused three former football players of sexually assaulting her at a party has filed a federal lawsuit to force the U.S. Naval Academy’s superintendent, Vice Adm. Michael Miller, to give up authority over the case.

Susan Burke, an attorney for the alleged victim, said Thursday that Miller is biased. Burke said Miller had made it difficult for her client to come forward, doing nothing to protect the student from harassment by other midshipmen or to punish the accused for boastful comments they allegedly made on social media about alleged sexual encounters with the woman.

An academy spokesman, Cmdr. John Schofield, declined to comment on Miller’s behalf.

The lawsuit, filed in U.S. District Court in Baltimore, alleges that Miller made it clear in comments to returning midshipmen that the administration was unhappy about the negative publicity the case had received.

The complaint also says the superintendent showed bias against the alleged victim by requiring her to endure a long and hostile cross-examination during an Article 32 hearing — the military equivalent of a grand-jury proceeding — on the allegations.

In June, Miller agreed to charge the three athletes — Tra’ves Bush of Johnson, S.C., Eric Graham of Eight Mile, Ala., and Joshua Tate of Nashville — based on recommendations by Naval Criminal Investigative Service officials.

Under military law, Miller is also charged with deciding whether the case will go to a court-martial, based on evidence gathered at the Article 32 hearing, which concluded Tuesday.

At the hearing, the woman testified that she drank heavily the night she attended a “toga and yoga” party in April 2012 at an off-campus “football house” in Annapolis, Md. She said she remembers little of what happened and later came to believe she had been sexually assaulted based on rumors and statements allegedly made by the accused. However, she was reluctant to cooperate with investigators and withheld information, she said, because she wanted the case to “go away.”

Defense attorneys cross-examined her for more than 25 hours over several days. Some questions concerned what she wore that night, how she danced and how she performs oral sex. Burke argued Thursday that the invasive and scathing tone of the cross-examination “rose to the level of abuse.”

The case has unfolded at a time the military is under attack over its handling of sexual violence. The Defense Department estimates 26,000 service members were the targets of unwanted sexual contact last year, but only 3,374 incidents of sexual assault were reported, the Pentagon said in May.

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