The US Coast Guard has filed sexual assault charges against a marine engineer accused in the high-profile Midshipman X case that shined a light on risks to cadets at sea, although the development means he has avoided criminal prosecution in the case.

The agency filed an amended complaint against Edgar Torrecampo Sison that added the new charge on top of a previous misconduct allegation, according to Coast Guard documents obtained by TradeWinds.

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The Coast Guard had charged Sison with violating alcohol policies but did not include a charge of sexual assault after he was accused of raping the US Merchant Marine Academy cadet known as Midshipman X until she revealed herself as Hope Hicks in 2019, while she served her sea year on the 6,000-ceu car carrier Alliance Fairfax (built 2006).

Sison was the first assistant engineer on the vessel, which was on charter to AP Moller-Maersk’s US-flag division at the time.

The Coast Guard investigation of the sexual assault allegations remained open while the US Justice Department considered criminal charges.

But the Jacksonville US Attorney’s Office for the Middle District of Florida declined prosecution in the case, spokesman William Daniels told TradeWinds.

In the Coast Guard’s amended complaint, investigating officer Orlando Hernandez alleged that in August 2019, a “junior crew member” consumed alcohol in Sison’s stateroom to the extent that she was physically incapable of declining or communicating unwillingness to engage in sexual acts.

“Respondent’s engagement in a sexual act with the junior crew member, while the junior crew member was physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act was sexual abuse,” Hernandez wrote.

Efforts to reach Sison through LinkedIn, his lawyer or his union for comment on this story were not immediately successful.

The Coast Guard is asking for revocation of Sison’s licence to work at sea, which is more than the 12-month suspension it was seeking under the alcohol charge. But as an administrative charge, the stiffer penalty is still a far cry from the potential prison sentence associated with a criminal prosecution in the federal courts.

Hicks’ lawyer, Maritime Legal Aid & Advocacy founder Ryan Melogy, said he is disappointed that the Justice Department declined to prosecute, but he is even more frustrated that it took the government’s lawyers so long to make a decision and by the process to get there.

“By putting herself through this difficult ordeal, Hope has forced those in power to examine the legal framework that is supposed to protect American mariners at sea, and she has exposed enormous gaps in that framework,” he said. “These gaps must be quickly addressed by Congress, and I’m hopeful that will happen.”

The Coast Guard has proposed holding a hearing in Sison’s home city of Jacksonville, Florida. He has 20 days to respond to the Coast Guard’s complaint. Sison’s LinkedIn page shows he has been a marine engineer since December 2007.

Hicks’ public allegations, initially published under the moniker Midshipman X, contributed to a clarion call for action on sexual assault and harassment at the US Merchant Marine Academy, also known as USMMA or Kings Point, where cadets known as midshipmen spend a year at sea with shipping companies.

Earlier this month, the US Maritime Administration, which runs the university, held the first meeting of the USMMA Advisory Council, whose members include experts on sexual assault and harassment prevention. The body is preparing to give advice and recommendations to improve the academy.

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