ANNAPOLIS, Md. (WJZ)—Two years after a female midshipman from the U.S. Naval Academy says she was raped at an off-campus party in Annapolis, the court-martial will get underway Monday.

Mary Bubala reports the accused midshipman was in a courtroom at the Washington Navy Yard on Friday and surprised everyone with his decision.

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U.S. Naval Academy midshipman Josh Tate said he had a change of heart and wants a judge, not a jury, to decide his fate.

A fellow midshipman claims Tate sexually assaulted her in April 2012.

Three classmates–all members of the football team– were accused in the case.

But formal charges were never brought against Tra’ves Bush. Then they were dropped against Eric Graham, so only Josh Tate is accused in the case.

Tate is charged with aggravated sexual assault and making false statements.

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“I drank a lot and from that point on, I don’t remember what happened,” the alleged victim said.

The alleged victim says after blacking out she learned through online postings and rumors that she’d been victimized. She claims two of the accused later admitted having sex with her.

She is expected to testify against Tate at the court-martial on Monday.

Tate could face jail time and may have to re-pay the cost of this education if he’s found guilty

The court-martial is expected to last several days.

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