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September 2019
Tim Bilecki

Marine Dates a Minor Lying About Her Age, No Basis for Misconduct Found

Attempted Child Pornography, Sexual Assault of a Minor
Camp Foster, Okinawa, Japan
Marine Corporal – E-4
Unanimous verdict, no basis for misconduct at administrative separation board.

A Marine Corporal was falsely accused of both sexual assault of a minor as well as possession of child pornography after he was dating a girl while on leave who lied about her age and was actually fifteen years old.  After the Marine learned of her actual age, he broke up with her, and then she started cyber-stalking him and threatening him that if he did not stay in a relationship with her, she would blackmail him. This Marine wanted nothing to do with her after learning her real age (she previously lied to him about her age and held herself out on social media and dating apps as 18).

She continued to cyber-stalk the Marine long after he returned to Okinawa and then started harassing his new girlfriend in Japan. This went on for nearly a year, with continued blackmail threats against him. She even went so far as to build a website with the Marine’s first and last name as the domain name and slandered him online.  When this still didn’t work, she made false allegations of sexual assault to the NCIS and claimed that the Marine had sent her unsolicited pics of his penis to her and that he knowingly requested lewd images from a minor.  

Attempted Child Pornography
72274378

The NCIS investigated the case, and ultimately, charges were never preferred against the Marine.  However, with less than one month left on his enlistment, his command notified him that they were administratively separating him for attempted child pornography and sexual assault of a minor.  Literally shocked and dumbfounded that this was taking place, the Marine retained a noted Article 120 UCMJ sexual assault attorney, Tim Bilecki, to fight the case.

Bilecki flew to Okinawa, Japan, and the case was heard by an administrative separation board.  We utilized our defense digital forensic examiner and were able to show that the text messages and images the alleged victim was claiming belonged to our client were fabricated and fraudulent. This alleged victim manipulated her phone to text messages to make it appear that our client requested lewd images, and further that he sent lewd images to her.  We proved forensically that she was a fraud. We also used her numerous social media profiles to expose her as a manipulative liar.  Ultimately, the board saw through her deceit and unanimously found no basis for misconduct.

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