SPOKANE -- A former civilian survival school instructor at Fairchild Air Force Base took the stand in his own defense Monday.
Fassbender testified that sex with the alleged victim was consensual, but he knew it was wrong to bring a woman on base.
Fassbender says he and the alleged victim met online and agreed to meet up at a restaurant in Airway Heights last October. Fassbender says the woman was so interested in his job, she agreed to go to Fairchild Air Force Base with him.
"We were having a great time, she was into me," Fassbender testified. "I didn't want to be a killjoy and say, 'no let's go.' I'm not that overbearing I didn't want to be a jerk."
Fassbender testified the sex took place in an interrogation room. He admitted to slapping the alleged victim, even choking her during sex, but says everything was consensual
"I never raped her, I know that in my heart, I know that," said Fassbender.
Fassbender says when the sex ended, the alleged victim had teary eyes.
"She kinda had tears in her eyes, and I could tell there was something wrong," he testified. "She said, 'you scared me when you were choking me.'"
The trial nearly ended abruptly earlier in the morning when the defense tried to get the charges thrown out.
Defense attorney Christian Phelps argued all three first-degree rape charges against Michael Fassbender should be thrown out because there was no forcible compulsion, meaning because there was no specific threat to the victim's life, first-degree rape charges should not apply.
Instead, Phelps argued Fassbender should only be charged with assault.
The judge denied the request, saying that decision is up to the jury.
