An Army Specialist stationed at Camp Case, Korea was accused of breaking into the barracks room of a female Soldier who he had met earlier in the day and sexually assaulting her while she was unconscious. This case was difficult, as the alleged victim and her friends all stated that she was drunk and vomiting and later became unconscious. The following day, the Soldier apologized and made admissions about having sex with her. He was subsequently charged with sexual assault at a general court martial.
Understanding the gravity of the charges against him, the Army Specialist retained Korea court martial defense lawyer Tim Bilecki to represent him. Immediately upon being retained, Bilecki reviewed the CID investigation and interviewed the witnesses against our client as well as the eyewitnesses who were out with the alleged victim before she went back to her barracks. The level of the alleged victim’s intoxication was called into question, and we learned that she and our client had been flirting throughout the day. We set the case for a panel trial at arraignment and later filed numerous motions with the court and obtained expert witnesses. Despite the government offering numerous plea deals, we turned them all down and proceeded to trail.
At trial, we put on a case of consent and mistake of fact as to consent. After one week of trial, the panel fully acquitted our client.
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