Mr. Bilecki exposed yet another false allegation of rape from a lying Sailor and had all charges and specifications dismissed after the Article 32 investigation.
In this case, A Navy Petty Officer was on a liberty call in Hong Kong and met female Sailor and her friend in the bar district in Hong Kong. The three of them drank and danced together and later went to a “go-go” bar where the alleged victim was dancing with the bargirls on the pole in front of our client. After dancing on the pole in the “go-go” bar, the alleged victim was kissing our client and later went back to his hotel room.
Up at the hotel room, the female Sailor continued to drink, then later had fully consensual sex with the Petty Officer in his hotel room. She later found out that he also hooked up with her friend that night as well. After getting back on the ship, the alleged victim made a report that she was enticed to go back to our client’s hotel room and that she was sexually assaulted in his room. Given the state of the military on sex crimes, law enforcement believed the girl, started an investigation, and the Petty Officer was subsequently charged with rape at a general court martial.
Bilecki Law Group was retained. In order to defend the Petty Officer, Mr. Bilecki, an Article 120 UCMJ sexual assault attorney, fully investigated the case and dug into the complainant’s background, learning that prior to the allegation, she tried to get out of the Navy on a hardship discharge, which was denied. We also learned that after she claimed to have been raped, she made another request to get out of the Navy due to being a sexual assault victim. This request was approved even though there had been no trial in the matter to prove she was actually a sexual assault victim.
Mr. Bilecki also obtained the video surveillance from the hotel where the rape allegedly took place. The video showed the complainant and our client making out in the elevator together – an event that the alleged victim had denied ever happened. Video surveillance also showed that the morning after the alleged rape, our client got her a cab, and she kissed him goodbye.
The case went to an Article 32 hearing, and Mr. Bilecki flew to Yokosuka, Japan and aggressively cross-examined the complainant in this case, exposing her as a liar who fabricated the story in order to get out of the Navy. The Article 32 hearing officer made a recommendation to the Convening Authority to withdraw and dismiss the charges for lack for probable cause. The Convening Authority followed that recommendation, and all charges were withdrawn and dismissed after the Article 32 hearing. Unsurprisingly, charges were never brought against her, and she was still allowed to receive an Honorable discharge prior to her EAS.
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