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Prosecutor: Sex assault victim was black-out drunk

Tuesday - 3/18/2014, 2:36pm  ET

FILE - This July, 24, 2013 file photo provided by the U.S. Naval Academy shows Midshipman Joshua Tate, a former U.S. Naval Academy football player accused of sexual assault. Lawyers are expected to give opening statements Tuesday in the court-martial of Joshua Tate of Nashville, Tenn. Opening statements had been scheduled for Monday but were delayed because of snow. (AP Photo/U.S. Naval Academy, File)

Associated Press

WASHINGTON (AP) -- A prosecutor says a woman who accuses a former Naval Academy football player of sexual assault was so drunk at a party that she blacked out and was not able to consent to sex.

Prosecutor Lt. Cmdr. Ryan Stormer said Tuesday during opening statements of Joshua Tate's court-martial that the woman was drinking "shot after shot after shot."

The woman has said she doesn't remember being sexually assaulted after a night of heavy drinking in 2012, but heard from others she had sex with multiple people at the party.

Tate's attorneys say the woman was able to make her own decisions, including about sex.

The trial for Tate, of Nashville, Tenn., comes as the military is under heavy scrutiny to curb sexual assaults within its ranks.

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