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October 2010
Tim Bilecki

No Court Martial for Army SGT Facing Charges of Rape of Intoxicated Victim

Rape
Camp Humphreys, Korea
Army Sergeant - E-5
No court marital charges preferred.

Maximum Sentence:

  • Dishonorable Discharge
  • Life in confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony conviction
  • Sex offender registration

An Army Sergeant as accused of raping a fellow Soldier in Korea. Bilecki Law Group, led by Article 120 UCMJ sexual assault attorney Tim Bilecki, was retained on this case immediately after the rape allegation was made, with the goal of keeping the charges from ever being preferred.

With the assistance of military counsel, we launched our investigation into the alleged rape. We discovered that our client had been drinking shots and tequila in “The Ville” outside of Camp Humphreys with another female Soldier. After drinking, the female Soldier invited our client to her room for sex. Because she initiated the intercourse, we understood that our client would have a strong defense of consent or mistake of fact as to consent.  By interviewing witnesses, we also determined that the alleged victim was not too incapacitated by alcohol to consent to the sexual acts.  Armed with this information, we began working with the Special Victim Prosecutor to keep the charges from being preferred against the client.

After lengthy negotiations with the government, no charges were preferred against our client.

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