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October 2009
Tim Bilecki

Sexual Assault on Intoxicated Victim Ends up in 3-Year Sentence for Army SSG

Burglary, Aggravated Sexual Assault
Camp Casey, Korea
Army Staff Sergeant - E-6
Three years confinement, Bad Conduct Discharge (BCD).

Maximum Sentence:

  • Dishonorable Discharge
  • 41 years confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony conviction
  • Sex Offender Registration

In a deeply challenging case at Camp Casey, Korea, an Army Staff Sergeant faced charges of burglary and aggravated sexual assault at a general court martial. The charges arose after he was accused of breaking into a female Soldier’s barracks and engaging in sexual activity with her while she was reportedly highly intoxicated.

The situation was compounded by multiple confessions the Staff Sergeant made to the Army Criminal Investigation Division (CID), alongside DNA evidence from the USACIL lab, which confirmed his involvement. Additionally, witness testimonies supported claims that the female Soldier was excessively intoxicated, to the extent of being incapacitated.

Facing these serious allegations, the defense was led by Tim Bilecki, a military defense lawyer in Korea for UCMJ Article 120 sexual assault cases. Despite the overwhelming evidence against the Staff Sergeant, including DNA and toxicology reports, Bilecki and his team undertook a rigorous defense strategy. They engaged their own experts in DNA and toxicology to challenge the government’s case, striving to mitigate the severity of the charges and the potential sentence.

The court martial, lasting nearly four days with extensive motions and trial proceedings, ultimately resulted in the conviction of the Staff Sergeant. However, the vigorous defense efforts were not in vain. While the government initially sought a ten-year confinement and a dishonorable discharge for the Staff Sergeant, the court’s final sentence was considerably less severe. He was sentenced to three years of confinement and received a bad conduct discharge

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