Midshipman says alleged rape victim didn't seen overly intoxicated

WASHINGTON, Feb. 12 (UPI) -- A U.S. Naval Academy midshipman says a classmate who alleges she was raped at a party while drunk didn't seem too intoxicated to know what she was doing.

The alleged victim has testified she was so drunk she had only spotty memories of the night but believes she was assaulted based on rumors and statements on social media, the Baltimore Sun reported Tuesday.

"I didn't see anything wrong with her," Eric Graham said during a deposition at the Washington Navy Yard.

While the woman smelled of alcohol, he said, she walked and moved around during the 2012 party.

He said on a scale of one to 10, she was "about a seven or a six," with 10 being nearly passed-out drunk.

Graham and two other midshipmen, Joshua Tate and Tra'ves Bush, were initially charged with assaulting the woman. Charges against Graham were dropped after a judge ruled he had not been read his Miranda rights.

Bush was not formally charged.

Prosecutors offered Graham immunity to testify against Tate and his deposition is the first time any of the men have made a public statement about the case.

Tate's lawyers have called for charges against their client to be dismissed, charging academy Superintendent Vice Adm. Michael H. Miller pursued the charges under political pressure, and claiming prosecutors don't have sufficient evidence.