Soldier acquitted of rape after sides debate consent
WIESBADEN ARMY AIR FIELD, Germany — Staff Sgt. Dareyun Boykin was found not guilty Friday of rape and forcible sodomy after a two-day general court-martial.
The charges against Boykin stemmed from an incident after a night of partying at a Wiesbaden club. The alleged victim, a German bank employee from Frankfurt, testified that she met Boykin in the early hours of March 25, 2006, during a night out with her younger sister, who had met the soldier at another Wiesbaden club about a year earlier.
Boykin’s defense hinged on whether the woman consented to have sex with him and the credibility of the alleged victim’s testimony of forcible sodomy, which had not been mentioned to German police or a German forensic physician on the day of the alleged assault, or during two Article 32 hearings later in 2006.
As the club closed at about 5 a.m., the sisters agreed to take a cab with Boykin and a friend to his apartment in Mainz. The alleged victim had consensual sex with Boykin’s friend in Boykin’s apartment, according to testimony from both the woman and the friend. Stars and Stripes does not identify the victims of alleged sexual assault.
Soon afterward, Boykin’s friend left, leaving the alleged victim on Boykin’s couch while Boykin was upstairs in his bedroom with her sister. According to the prosecutor, Capt. Andrew Slitt, after his friend left, Boykin went to the couch where the alleged victim was sleeping, a point not contested by the defense.
What was in question was whether the alleged victim consented to sex with Boykin, or whether she believed she was consenting to sex with his friend.
“Consent to sex with anybody is not consent to sex with everyone,” Slitt said during closing arguments.
“There were miscommunications that morning,” Capt. Lisa Simon, the lead defense attorney said in her closing arguments. But, she argued, this was not a crime. “This is a case about casual sex among strangers.”
Both the victim and Boykin’s friend testified that they had engaged in sex within about an hour of meeting. “This sets the context for what happened,” Simon said. “It is possible she consented to have sex with Sergeant Boykin.”
The court-martial was conducted before a panel of four officers, one of whom was female, and three male enlisted members.