Attorneys in Naval Academy sex assault case wrap up arguments

And Cmdr. Warren "Art" Record, who represented Tate, suggested that if the alleged victim really didn't remember anything, she wouldn't have had so much trouble on the stand.

"People who don't remember don't have to lie," he said.

During her testimony, the alleged victim described a night of drinking that started with a friend at Bancroft Hall, the academy's dormitory, and continued on the ride to the football house and at the party.

She said she remembers flashes of being in a bedroom with Bush and in the back of a car with Tate. She said she has no memory of sexual activity with any of the three men, though she admitted to having consensual sex with a fourth man the morning after the party.

Monahan is expected to take weeks to compile his report and make recommendations. Miller is not required to follow Monahan's recommendations.

None of the accused are now on the football team. Bush has completed the academic requirements for graduation, but his commissioning in May was put on hold pending the outcome of the case. Graham is a senior, and Tate is a junior.

Greg Rinckey, a former Army lawyer who is now managing partner with the law firm Tully Rinckey in Washington, said the investigating officer will need to determine whether there is "reasonable cause" that a crime may have occurred.

A growing number of critics in Congress and the general population say the military has not done enough to stop sexual assaults within the ranks — making commanders "very nervous now about not prosecuting," Rinckey said.

"I think a lot of sexual assault cases that in the past would have played out at lower levels ... are now going to Article 32s or court-martial."

pwood@baltsun.com