WEST POINT, N.Y. (AP) — A cadet is back at West Point after three military judges overturned his conviction for raping a sleeping classmate, citing lack of evidence the sex wasn’t consensual.
Cadet Jacob Whisenhunt was sentenced to 21 years in prison for raping a fellow cadet in her sleeping bag during field training in July 2016. On Monday, an appeals panel set aside the conviction and sentence.
A U.S. Military Academy spokesman said Wednesday that Whisenhunt has returned to West Point and is in processing.
At trial, the woman said she froze in the fetal position when she awoke to find Whisenhunt sexually assaulting her. Whisenhunt testified the sex was consensual.
The appeals panel said there’s no evidence Whisenhunt threatened her or that she made any noise to alert nearby squad mates.