Navy Football Rape Case Update: 2 of 3 midshipmen accused of sexual assault will face court-martial

(CBS/AP) ANNAPOLIS, Md. - Two U.S. Naval Academy midshipmen will face courts-martial in an alleged sexual assault at an off-campus party while a third will not, the academy's superintendent decided on Thursday. All three midshipmen were former Navy football players.

Vice Adm. Michael Miller referred Midshipmen Eric Graham and Joshua Tate for courts-martial even though attorneys for the men said a military judge recommended none of the cases should move forward.

Graham, of Eight Mile, Ala., is charged with abusive sexual contact. Tate, of Nashville, Tenn., is charged with aggravated sexual assault. Both also are accused of making false statements.

Midshipman Tra'ves Bush, of Johnston, S.C., who had been charged with aggravated sexual assault, will not face trial.

CBS Baltimore reports the court-martial could take place as early as December. Tate and Graham could face time in jail if found guilty or even have to repay their education.

The alleged victim, a fellow midshipman who was drinking at the April 2012 party, has said she doesn't remember much about the night, and only heard about the sexual encounters later from other people.

She initially did not want to pursue charges and even asked one of the defendants not to cooperate with investigators in the days following the party, according a phone recording played at a preliminary hearing last month.

According to the station, the Navy presumes the Tate and Graham innocent until proven guilty, stating, "We are committed to as thorough, effective and fair conduct system and investigative process."

Complete coverage of the U.S. Naval Academy sexual assault case on Crimesider