A Marine Corps Sergeant E-5 was involved in an incident at a barracks party at Marine Corps Base Hawaii, where alcohol consumption was high, and many Marines were intoxicated. During the party, one Marine passed out, and in jest, the Sergeant placed his penis in the passed-out Marine’s hand. This act was photographed, and the photo circulated among the attendees, initially causing laughter among them. However, the humor was not universal, as one Marine reported the incident to the command, labeling it as inappropriate and triggering an investigation.
Charges of sexual assault and fraternization were brought against the Sergeant. In response, the Sergeant retained Tim Bilecki, a recognized military sexual assault attorney based in Hawaii. Bilecki’s team conducted comprehensive interviews with all Marines present at the party. The alleged “victim” affirmed he found the act to be humorous and consented to it, despite being asleep when the photo was taken. This statement was initially challenged by the prosecution on the grounds that a sleeping individual cannot consent.
Undeterred, Bilecki’s team obtained another sworn statement from the “victim,” reiterating his stance that, even though asleep, he did not object to the conduct and found it amusing. This persistent defense strategy led the prosecution to reassess their position.
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