Sexual Assault and Strangulation Charges Not Preferred; Soldier Receives NJP for Extramarital Conduct

Sexual Assault and Strangulation Charges Not Preferred; Soldier Receives NJP for Extramarital Conduct

Conduct: July 2024. Article 15 proceedings began in May 2025.

Fort Johnson, Louisiana

Army Private First Class – E-3

Allegations: UCMJ Article 120 Sexual Assault; UCMJ Article 128b Strangulation; UCMJ Article 134 Extramarital Conduct

Facts

This was an Army Private First Class at Fort Johnson under a CID investigation that titled Article 120 sexual assault and Article 128b strangulation arising from a documented threesome encounter with the civilian spouse of a fellow Soldier. Maximum exposure on referred Article 120 and Article 128b charges: years of confinement, possible Dishonorable Discharge on the Article 120 sexual assault theory, federal sex offender registration, and federal felony record.

Our client retained Bilecki at the investigation stage, days after the CID polygraph and before any disposition decision.

The encounter had been initiated by her. She had directed the position throughout, including the choking she preferred. She had invited our client back to a friend's house in the days following the encounter. Bilecki argued that her account of initiating and directing the encounter undercut the assault allegations. He also presented her later invitation as part of the relationship history. The defense surfaced that record to OSTC trial counsel before the disposition decision was made.

The disposition routed to the Battalion Commander as Field Grade Article 15. The Article 120 sexual assault and Article 128b strangulation allegations were not pursued at court-martial. The single specification at NJP was Article 134 wrongful extramarital conduct.

Our client accepted NJP. The Battalion Commander imposed nonjudicial punishment and suspended all of it. No appeal. No administrative separation. Soldier retained.

Result: No charges preferred on Article 120 or Article 128b. Resolved at single Article 134 extramarital conduct NJP, with all punishment suspended. No court martial. No SORNA. No administrative separation. Soldier retained.

---

FAQ

Q: What did Bilecki challenge before the charging decision?
The defense put the circumstances of the encounter before OSTC, including the complainant's participation and direction. Bilecki addressed the alleged acts themselves and the later contact between the parties. The sexual-assault and strangulation allegations did not proceed to preferral.

Q: Was the case resolved without punishment?
No. The Soldier received Article 15 punishment for extramarital conduct, with all punishment suspended. He was retained and did not face a court-martial or sex offender registration from that disposition. The decision not to prefer the other allegations does not itself remove a CID titling entry.