Abusive Sexual Contact , Wrongful Use of Cocaine | Case Result

November 2019

Location:

Marine Corps Base Hawaii, Kaneohe

Rank:

  • Marine

  • E-3

Charges:

  • Abusive Sexual Contact.
  • Wrongful Use of Cocaine.

Result:

Not Guilty of Sexual Assault.  Guilty on Cocaine Charges.  90 days and BCD.

A junior Marine was investigated and charged with wrongful use of cocaine in violation of Article 112a, UCMJ and abusive sexual contact in violation of Article 120, UCMJ.  The allegations stemmed from a drunken party in the barracks in which one Marine filmed our client placing his penis in another sleeping Marine’s hand.  The act was meant to be a joke, but leadership did not find it amusing.  Especially when the Marine who placed his penis in the sleeping Marine’s hand came up positive for cocaine on a urinalysis.  That was the proverbial straw that broke the camel’s back and court martial charges were preferred.

 

Civilian defense counsel Tim Bilecki was retained and negotiated a plea agreement in which our client agreed to plead guilty to the use of cocaine in exchange for the government dropping the abusive sexual contact charges.  The military judge sentenced the Marine to 90 days confinement and a Bad Conduct Discharge.

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