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December 2021
Tim Bilecki

Bilecki Challenges Intoxicated Victim’s Inability to Consent, Clears Army CPL

Sexual Assault
Fort Bliss, Texas
Army Corporal – E-4
Full Acquittal – Not Guilty of All Charges and Specifications.

An Army Corporal stationed at Fort Bliss faced allegations of sexual assault following an incident at a friend’s house involving beer pong, Mad Dog 20/20, and some debauchery. The Soldiers were drinking, and two of them hooked up and had sex, with the female Soldier later claiming she was too drunk to consent. The case was investigated by the CID, and charges were later preferred at a general court martial.
After the charges were preferred, the Corporal retained civilian defense counsel Tim Bilecki to defend him at trial. Bilecki flew to Fort Bliss, Texas, to try the case. We interviewed all the partygoers and obtained video footage from the various cell phones from the night. One of the better views showed a Soldier drinking Mad Dog 20/20 and vomiting in the street. It was a lively party. While the Soldiers were drinking heavily, the two who hooked up had been flirting all night, and by all accounts, both parties were able to understand what they were doing and had consensual sex. It was only when the party was broken up by the MPs and things went south did the alleged victim claim it was sexual assault.
At trial, Bilecki’s defense strategy hinged on consent, mistake of fact as to content and challenging the level of intoxication of the alleged victim. The defense presented evidence and arguments to contest the alleged victim’s account, focusing on inconsistencies and questioning the reliability of her claims, especially regarding her level of intoxication. After a week-long trial, the court found the Corporal not guilty of all charges and specifications.

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