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Rape Conviction Overturned at West Point

May 20, 2019 Uncategorized

Jacob D. Whisenhunt was convicted of 3 counts of sexual assault against a fellow female cadet. He was convicted to 21 years in prison and dishonorably discharged from the service. After the conviction had been over turned he had served 25 months. The alleged incident occurred while the two were on field training. The accuser states she was raped while in her sleeping bag. This occurred only feet away from their fellow comrades. She states she woke up to being assaulted and froze in the fetal position until the attack ended.

Court of Appeals Overturns Conviction

A three-judge panel of the United States Army Court of Appeals ruled that because the accuser did not cry for help it was unlikely that there was a sexual assault. They concluded that there was no proof that Whisenhunt took actions to stop the accuser from screaming for help. They also determined that the defendant left semen on the complainant’s sleeping bag and made no attempt to conceal it. Whisenhunt returned to West Point in June of 2019.

The Reaction

Maureen Curtis is the vice president at Safe Horizon. She states abusers can hold control over their victims even without a physical weapon. She fears that because of verdicts like the one above more and more victims will refuse to report sexual assaults.

Christensen, a colonel, is the president of Protect our Defenders. The group focuses on stopping sexual assaults in the service. Christensen says the appellate courts in the service are inexperienced. He feels more prerequisites should be in place in order to be a judge in the military.

Recently, there has been an increase of rape and sexual assaults in the United States Army, Navy, and Air Force. A survey found that unreported assaults increased by 50% in 2017 and 2018. 

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Call Sam Bernstein at 734-883-9584 or e-mail at

Sam Bernstein is a criminal defense lawyer in Washtenaw County. He has represented clients in Oakland, Wayne, Livingston, Lenawee, and Jackson County.

ArborYpsi Law is located at 4158 Washtenaw Ave. Ann Arbor, MI 48108.

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If you have been charged with rape or sexual assault call attorney Sam Bernstein. Rape and sexual assault charges are not to be taken lightly. It is in your best interest to fight the charges and clear your name. Sam Bernstein has experience dealing with high profile sexual assault cases. At ArborYpsi Law we specialize in sex crimes, driving under the influence, driving while intoxicated, domestic assault, traffic tickets, drug possession, expungements, gun rights, divorce, assault and battery, animal cruelty, retail fraud, home invasion, and sexual assault.