An Air Force Senior Airman stationed at Hickam AFB, Hawaii was accused of sexually assaulting his girlfriend and alleged “baby momma.” The Airman learned that the baby was not his and subsequently broke up with his girlfriend and non-violently threw her out of the house. Upset that her boyfriend found out that he was not the father and after just getting told to leave their apartment, she sought revenge by making a false sexual assault allegation to the Honolulu Police Department (HPD). HPD investigated the case and determined that it did not meet the low standard of probable cause. The State of Hawaii did not prosecute the case .
After learning that the State of Hawaii would not take the case, she then went to the Airman’s command and made the same allegation of sexual assault that she previously made to HPD. In typical military justice fashion, OSI did not see the alleged victim’s obvious motives to fabricate a false allegation and began an intensive investigation of the Airman, which lasted months.
While under investigation, the Airman retained Article 120, UCMJ sexual assault lawyer Tim Bilecki to represent him. Bilecki immediately began investigating the alleged victim in this case and spoke with the HPD detectives who initially investigated the case. We were able to show that the alleged victim had a substantial motive to fabricate her story, mainly that she was looking to for revenge and potentially to financially exploit our client. We brought this to the SJA’s attention and a decision was made not to prefer charges.
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