A Navy Petty Officer stationed at Pearl Harbor was accused of sexual assault by a fellow Sailor who he was previously friends with. The issue in this case was whether the sex was consensual. Court Martial Lawyer Tim Bilecki was retained and the case proceeded through the Article 32 Preliminary Hearing. Charges were referred to a general court martial. Almost immediately before trial, we negotiated a plea agreement. The sexual assault charges were dismissed in exchange for our client pleading guilty to a lesser included offense of assault consummated by battery in violation of Article 128, UCMJ.
While the parties were fully prepared to try the case in front of members, this resolution was certainly the least risky option. It ensured that our client would not be convicted of any offense requiring sex offender registration. This plea agreement also guaranteed that the Sailor would not serve any confinement time.