Sexual Assault , Drug Use | Case Result

Feb 2019

Location:

Camp Humphreys, Korea

Rank:

  • Army
  • E-5

Charges:

  • Sexual Assault.
  • Drug Use.

Result:

Separation in Lieu of Court Martial (Chapter 10) in Sexual Assault case

An Army Sergeant was under investigation for allegedly sexually assaulting another service member as well as wrongful use of a controlled substance.  After being notified of the investigation, the Soldier retained attorney Tim Bilecki to represent him during the law enforcement investigation. Our firm conducted an independent investigation including witness interviews while guiding our client through the investigation. Ultimately, the Sergeant was charged with violating  Article 80 (attempted adultery), Article 92 (fraternization), Article 112a (wrongful use of a Schedule II controlled substance), and Article 120 (abusive sexual contact) of the UCMJ.

Unsurprisingly, our team conducted a more thorough investigation than Army CID.  We obtained significant evidence of the alleged victim’s motive to fabricate.  In this case, the defense against the sexual assault charges was so much stronger than the drug and fraternization charges.  This provided us leverage.  In order to mitigate any risk of our client becoming a registered sex offender, Mr. Bilecki was able to negotiate a Chapter 10.  All charges were dismissed in exchange for separation from the Army.

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