An Army Sergeant was charged at a general court martial after being accused of sexually assaulting a fellow Soldier’s fiancé at a house party involving significant amounts of alcohol. After being retained and having investigated the matter, Timothy Bilecki, a noted Article 120 UCMJ sexual assault defense attorney, traveled to Fort Bliss, Texas and tried the case.
The defense was based on poor eyewitness identification by the alleged victim, who “identified” our client as the individual who sexually assaulted her. The identification was made while the alleged victim was intoxicated, lying in bed in a dark room and not wearing her prescription glasses or contacts. In this case, there was no corroborating forensic evidence that linked our client to the alleged sexual assault except for the fact that he – along with other Soldiers – was in the house when the incident allegedly occurred.
In addition to attacking the eyewitness identification in court, the defense also exposed a significant motive for the alleged victim to fabricate her allegation against our client. After powerful closing arguments, the verdict came back quickly — not guilty of all charges and specifications.
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