Sexual Assault – FULL ACQUITTAL | Case Result

January 2021

Location:

Fort Bliss, TX

Rank:

  • Army

  • E-5

Charges:

  • Sexual Assault
  • FULL ACQUITTAL.

Result:

Full Acquittal.

An Army NCO was charged at a general court martial after being accused of sexually assaulting a fellow Soldier’s fiancé at a house party involving significant amounts of alcohol.  After being retained and investigating the case, court martial attorney Timothy Bilecki traveled to For Bliss, Texas and tried the case.  The defense was based on a poor eyewitness identification by the alleged victim, who “identified” our client as the individual who sexually assaulted her.  The identification was while the alleged victim was intoxicated, lying in bed, in a dark room and not wearing her prescription glasses or contacts.  In this case, there was no corroborating forensic evidence which linked our client to the alleged sexual assault except for the fact he was one of many Soldiers in the house when the incident allegedly occurred. 

 

In addition to attacking the eyewitness identification in court, the defense also exposed a significant motive for the alleged victim to fabricate her allegation against our client.  After powerful closing arguments, the verdict came back quickly – NOT GUILT OF ALL CHARGES AND SPECIFICATIONS.

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