A U.S. NavalAcademy midshipman will not face a court-martial over allegations that he raped another midshipman, after little evidence supported the claims of attack.
Academy superintendent Vice Adm. Jeffrey Fowler said in a statement Tuesday that he will not pursue a court-marital in the four charges against 1st Class (senior) Midshipman Mark Calvanico, 21, of Seacaucus, N.J.
“We are grateful to the academy for their prompt accurate decision not to move forward with a court-[martial] since the evidence showed no crime was committed,” said Regina Durazzo, Calvancio?s aunt, in an e-mail.
However, Calvancio still faces possible administrative punishment for other minor charges ? including Calvancio being drunk and disorderly and sending a photo of his penis to the female midshipman ? that could range from demerits to expulsion, academy officials said.
Calvancio was accused of entering a female midshipman?s room Oct. 17 and raping her while intoxicated.
But during a preliminary hearing in April, Naval Criminal Investigative Services agents said they found no evidence the two had sex that night.
The female midshipman?s roommate, who was in the room at the time, said she did not hear the struggle.
Fowler based his decision on investigative officer Lt. John Clady?s report, which did not recommend a court-martial due to lack of evidence.
Scenarios of how the allegations might affect Calvancio?s military career are unsettling, Calvancio?s attorney Michael Waddington said.
“You can?t erase that stigma,” he said.
Calvancio has continued classes and remained optimistic, family members said.
Meanwhile, another midshipman is awaiting a court-martial in the possession and possible distribution of child pornography.
Michael Pollard, 21, allegedly had images of confirmed underage children on computer equipment at the academy and his Florida home.
A date has not been set. If convicted, Pollard could face five to 20 years in prison.
