Bilecki Presents Former Partner’s Messages; Fort Carson Sexual-Assault Case Ends Without Charges
September 2023
Fort Carson, Colorado
Army Staff Sergeant – E-6
Allegations: UCMJ Article 120 Sexual Assault
Facts
This was an Army Staff Sergeant at Fort Carson under an active Army investigation for Article 120 sexual assault. A conviction for a qualifying Article 120 sexual-assault offense can carry lengthy confinement, a mandatory dishonorable discharge, and sex offender registration.
Our client retained Bilecki at the investigation stage, before any charges were preferred.
The alleged victim was a former partner of our client. Her own text messages during and after the encounter did not match the account she later gave CID. The messages showed her arranging to see him again after the encounter, without the description of force or lack of consent that appeared in her later allegation. We put the thread and its timing in front of the disposition authority before charges were preferred. Our argument depended on the content and chronology of the messages, not simply on the fact that she stayed in contact.
The matter closed pre-preferral. No charges. No NJP. No GOMOR. No administrative separation.
Result: No charges preferred. No NJP. No GOMOR. No administrative separation. Matter closed pre-preferral.
FAQ
Q: What did Bilecki present to the decision makers?
Tim placed the former partner’s messages alongside her later allegation and explained the sequence. The defense relied on what the messages said and when they were sent, including her arrangements to see him again. Continuing contact alone would not disprove an assault; the argument concerned this message record and this account.
Q: How did the case end?
No charges were preferred, and the Soldier received no NJP, GOMOR or administrative separation. He remained on active duty. The result does not imply that all records of the investigation were erased.
Prior results do not predict future outcomes.