Lt. John E. Clady, the investigating officer who presided over the Article 32 hearing, had recommended the charges be dropped. He pointed out that the only physical evidence presented by prosecutors was the woman's DNA found on Calvanico's boxer shorts and his DNA found on her neck. He said that evidence supported Calvanico's claim that he and the woman had consensual contact, such as kissing, but not sexual intercourse.
An academy spokeswoman declined to comment further.
Michael Waddington, Calvanico's civilian attorney, who specializes in military cases, said it is not uncommon for authorities to override the recommendations of investigating officers and send cases to trial.
He said such cases present a tough choice: Drop charges and risk looking soft on sexual assaults, or bring to trial a defendant whose alleged guilt is not supported by the evidence.
"In a lot of these cases, the generals, the admirals, they sort of wash their hands of it. They say, 'You know what? I'm not going to make the tough call, I don't want to be slammed in blogs,' " Waddington said. "A lot times they wash their hands of it and say, 'Let the jury decide.' "
Waddington said that even though Calvanico will not face a court-martial, the case has taken an emotional toll on him and his family.
"Living under the allegation of being a rapist, especially when you're innocent and you have pride in yourself and your family has pride and your brother is an academy graduate. ... That's something that's almost unbearable," Waddington said.
He said that if academy leaders pursue punishment against Calvanico administratively, the midshipman will take responsibility for drinking and violating curfew.
He added that Calvanico had no criminal history and called him a good student and military leader.
Joyce Lukima of the Pennsylvania Coalition Against Rape, a victim advocacy group, said she was not familiar with the case but that rape cases in general, especially those involving alcohol and accusers who know the accused, are difficult to prosecute.
"I think a lot of times people have the belief that there is a lot of physical evidence, and, really, that is not the case in most sexual assaults," Lukima said. "It comes down to the victim and the offender and sort of fighting out their stories."
At least 62 reports of sexual assault have been made at the academy since the 2001-2002 academic year, according to a Defense Department report released in December. Only a handful have resulted in convictions.
Former Navy quarterback Lamar S. Owens Jr. was acquitted of rape in July 2006 but found guilty of two lesser charges, including conduct unbecoming an officer, for having sex with a female midshipman in an academy dorm room.
He was expelled and ordered to repay more than $90,000 in education costs.
josh.mitchell@baltsun.com
