ORANGE COUNTY, Fla.,None — An Army recruiter accused of sexually assaulting a recruit is free Tuesday because his case was dropped. Damian Maldonado's trial was supposed to start on Tuesday.
He was accused of forcing a female recruit to undress for a body fat inspection, then sexually assaulting her.
Prosecutors say the victim is suffering from post-traumatic stress disorder and was too traumatized to testify.
Maldonado's sexual battery charges were dropped against him. Prosecutors say they did not have a case because the victim was unable to testy.
"A couple of months after the deposition, she was discharged from the Army because she was unfit mentally as a result of the trauma," said prosecutor Shannon O'Brien.
Maldonado was accused of coercing a female recruit in February of 2010 to remove her clothing and perform a sex act. She says she complied because she was afraid Maldonado would sabotage her chance of enlisting.
Maldonado's attorney said what happened was consensual.
"She gave him sexual favors in return for a good recommendation. That is not a sex crime, it's not appropriate," said defense attorney Nancy McClinton.
The attorney also disputes the victim's mental status and says her inability to testify speaks volumes.
"She was laughing during the deposition so I'm shocked to hear she is too emotionally distressed to come in," McClinton said.
Although this case is dropped, Maldonado still faces at least half a dozen counts of lewd and lascivious behavior in another case for allegedly molesting a distant family member in an Orlando recruiting office.
Maldonando has been suspended from the Army, but his attorney is working to get him reinstated.
Maldonado's second trial is set for June.
Maldonado's attorney says the Army is also conducting its own investigation.
Previous Stories: June 22, 2010: Army Recruiter Faces Charges For Sexual Battery
WFTV
