A Navy Petty Officer Second Class, while stationed in Japan, faced allegations of abusive sexual contact with a fellow E-5 during a port call in the Pacific. The incident allegedly occurred after both Sailors, who claimed to be “just friends,” spent an evening drinking, bar hopping, and sightseeing together. They subsequently shared a hotel room where the alleged incident took place. The female sailor later reported to NCIS that she was too intoxicated to consent, prompting an investigation.
The male Sailor, upon interrogation by NCIS, inadvertently made incriminating statements without invoking his rights, leading to charges being preferred for a general court martial. Recognizing the gravity of the situation, particularly the potential for sex offender registration, he retained Tim Bilecki, a seasoned Article 120 UCMJ sexual assault defense attorney.
Despite aggressive defense efforts at the Article 32 hearing, the case was referred to trial. Faced with the risk of severe repercussions, the defense negotiated a pre-trial agreement. Under this agreement, the Petty Officer pleaded guilty to a lesser included offense of Assault Consummated by Battery under Article 128, UCMJ. This strategic decision resulted in the withdrawal and dismissal of the more severe abusive sexual contact charges.
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