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February 2011
Tim Bilecki

Alleged Victim Looking for Breakup Sex Claims Rape, Charges Dismissed

Aggravated Sexual Assault
MCAS Iwakuni, Japan
Marine Corps Lance Corporal - E-3
All charges dismissed after Article 32 hearing.

Maximum Sentence:

  • Dishonorable Discharge
  • 30 Years Confinement
  • Total Forfeiture
  • Reduction to E-1
  • Federal Felony Conviction
  • Sex Offender Registration

A Marine Lance Corporal stationed in Iwakuni, Japan met a girl at the Enlisted Club on base, drank with her, and brought her back to the barracks at her request. The girl then left his barracks room, returned wearing much more suggestive clothing, and asked the other Marine in the room to leave. She and our client had consensual sexual intercourse, and halfway through the act, the girl asked our client to use a condom, which he did. The following morning, they snuggled, kissed, and had breakfast together. She later reported the incident as rape.

Bilecki, military defense lawyer for UCMJ Article 120 sexual assault cases, was retained immediately after the rape allegation but well before actual charges were brought against the Marine. This allowed the defense team time to conduct a thorough investigation into the case to discover the motive.

The investigation revealed that the alleged victim had just broken up with her boyfriend, who had been engaged to another woman, and was looking for breakup sex. During the sexual act with our client, she was likely impregnated. After learning this, the defense concluded that she had demanded financial compensation from her ex-boyfriend, now engaged to another woman, who would not give her the time of day, and explained that it could not be his child because he was sterile.

The alleged victim then went after our client, had an abortion, then claimed rape. We traveled to Iwakuni, Japan and aggressively litigated these issues at the Article 32 hearing. We also conducted a devastating cross-examination of the alleged victim. After the hearing, all charges against our client were dismissed.

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