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April 2011
Tim Bilecki

Army Captain Partly Acquitted in Double Rape Case Despite DNA Evidence

Rape, Forcible Sodomy, Adultery, Obstruction of Justice, Fraternization, Larceny of Government funds (BAH)
Yongsan Army Garrison, Korea
Army Captain - O-3
Not guilty of rape, Guilty of lesser included offenses.

Maximum Sentence:

  • Dismissal
  • Life in confinement
  • Total forfeiture
  • Dismissal from the service
  • Federal felony conviction
  • Sex offender registration

An Army Captain stationed at Yongsan, Korea was accused of drinking with a First Sergeant in Itaewon, Korea, taking two young, enlisted girls back to the First Sergeant’s house, and violently raping them. 

The government theorized that the CPT and 1SG met the two Soldiers at a bar, got them drunk, put GHB in their drinks, took them back to the 1SG’s apartment, and raped them while they were blacked out. Additionally, the Captain was charged with larceny of over $20,000 of government funds (BAH fraud).

This was an extremely difficult case, given statements regarding the case previously made by the Captain to his friends, DNA evidence which placed our client’s DNA in a victim’s mouth, trace evidence which suggested a condom was used, and toxicology evidence which showed narcotics in one victim’s system. Undaunted, Bilecki Law Group assembled a defense team led by Tim Bilecki to attack the charges at all avenues: the team included a forensic physiatrist who specializes in blackouts, a DNA/trace evidence expert, and a civilian sexual assault nurse examiner.

After a week-long jury trial, our client was found not guilty of the rape, not guilty of the indecent acts, not guilty to one fraternization charge, and not guilty to one of two housing fraud charges, but guilty of the lesser included offense of aggravated sexual assault, forcible sodomy, adultery, and the remaining larceny charge.

The government asked for a sentence of 15 years confinement, but our client was sentenced to 4 years confinement by the panel after hearing the case in extenuation and mitigation at sentencing.  This sentence was still notably lower than any plea agreement offered by the government or what they requested the panel sentence the officer to at trial.  A favorable result given the scientific evidence involved, the statements against interest, and that life in confinement was on the table.

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