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TORII STATION, Okinawa — Hours after she was allegedly raped Feb. 17 by a U.S. Army specialist, the alleged victim didn’t tell anyone she had been attacked until she was at an Okinawan hospital being treated for massive bleeding.

According to testimony at an Article 32 hearing here Friday for Spc. Ronald Hopstock Jr., the woman, who worked at an Okinawa City bar, had many opportunities to report the alleged rape, but kept silent until a co-worker who arrived at the hospital after the woman was examined suggested rape was the cause of her injuries.

The defense contends she remained in the hotel room with Hopstock where the alleged rape occurred until well after 8 the next morning, when Hopstock put her in a cab and gave her his last $20 for a ride to the house where she was staying with other bar hostesses.

But she could not find the house, and the cab took her back to the hotel, where she sat in the lobby for more than 45 minutes waiting for her friends until a hotel employee noticed she was bleeding and called for an ambulance, according to testimony produced by the defense.

Hopstock steadfastly denies he raped her, despite undergoing weeks of 12-hour days of questioning by Okinawa police in the months after the incident. He stuck to the same story he told an Army Criminal Investigation Command agent the day after the incident, according to court testimony.

Special Agent Jennifer Pellegrini, the resident agent in charge, testified Friday that Hopstock told her he paid $200 to an employee of the Mermaid bar for the company of the 22-year-old Filipina, who is being called Hazel to protect her identity.

Hopstock, 25, assigned to the 1st Battalion, 1st Air Defense Artillery Regiment on Kadena Air Base, told her that he spent the evening with Hazel and a group of Marines and other bar workers walking around Okinawa city’s bar strip. They ate at a Wendy’s, and he later took Hazel to a room at the New Century hotel, where the others in their group had rooms on another floor.

He said he and Hazel hugged and kissed and engaged in consensual sex until she cried out and he noticed she was bleeding heavily.

He told Pellegrini that he suggested Hazel go to a hospital or call a friend in another room, but she refused, according to court testimony.

During the first day of the preliminary hearing, Hazel tearfully testified that she had gone to the room with Hopstock because she had no other choice — it was only her third day on the island, and she did not know how to get home.

She said she fell asleep in the room fully clothed and awoke to Hopstock stripping off her pants and sexually assaulting her.

She was not asked why she delayed reporting the alleged rape.

Pellegrini said the doctor who examined her at the hospital thought she had been the victim of a failed abortion. When he gave her stitches to stop the bleeding from her vagina, he noticed she had no uterus, Pellegrini said.

Earlier testimony disclosed that Hazel is technically a man with the outward physical characteristics of a woman. A doctor who examined her in August diagnosed her with acute androgen insensitivity syndrome. The condition made her resistant to testosterone and she developed female genitalia.

Pellegrini said Hazel’s rare disorder was part of the reason a Japanese prosecutor dropped the case in mid-May.

"I was told the actions before and after the incident were reasons they did not prosecute," she said.

Her former assistant, Special Agent Ian Mitchell, in telephone testimony Friday from his new duty station in Hawaii, gave more details.

"We were told the case was not prosecutable under Japanese law," Mitchell said. "It was based on the physical issues the victim had. That’s how it was put to me."

A spokesman for the Naha District Public Prosecutor’s Office said Friday that the charge against Hopstock was dropped because of insufficient evidence.

"As we explained in May when we made a decision to drop the charge against him, three points were the deciding factors: One, the relation of the two individuals. Two, the place where the alleged act took place. And third, the circumstances before and after the alleged event occurred," said Takafumi Sato, deputy chief of the prosecutor’s office.

"We will refrain from elaborating further to protect the honor of individuals involved, as this case did not go to a public trial," he said.

Sato flatly denied gender was an issue.

However, he did confirm that the crime of rape under Japanese law applies only to male-on-female sexual assault. A man who sexually assaults another man commits the crime of indecent assault, he said.

Besides a charge of rape, Hopstock is also charged with procuring a prostitute on numerous occasions in 2007, committing sodomy with the prostitute and violating an order by leaving Kadena Air Base without a "liberty buddy."

The Article 32 hearing is scheduled to last through Tuesday.

Stars and Stripes reporter Chiyomi Sumida contributed to this story.

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