A Spokane jury found a former civilian survival instructor at Fairchild Air Force Base not guilty of rape and assault today.
Michael W. Fassbender, 32, smiled as the jury read the verdict. He left the court without comment.
The jury deliberated about three hours today before finding Fassbender not guilty of three counts of first-degree rape and one count of second-degree assault with sexual motivation. The potential penalty could have been up to life in prison.
After the decision, a smiling Fassbender asked [defense attorney] Phelps if he was free to go and promptly left with friends and family.
“It was consensual,” Phelps said. “She ultimately admitted that she put her hands up in the air and allowed her shirt to be pulled off. Is that consent? All of this conduct was indicative of willing” participation.
“Calling this a rape doesn’t make it a rape,” he said.
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