In a case of a Bumble hookup gone horribly wrong, an Army Sergeant found himself under investigation and later charged at a court martial for sexual assault. The accusation arose after he met a woman on Bumble; they went out to dinner, had drinks, and went back to her place and had sex. The Sergeant left her apartment while she was asleep and ghosted her after that, despite her continuing to contact him. When she finally realized that he was never going to call her again, she alleged that the event was sexual assault.
The Sergeant had sexual assault charges preferred against him at a general court martial, and he then retained military sexual assault defense attorney Tim Bilecki, who immediately commenced a thorough investigation. Our read on the case was clear: the complainant likely fabricated the accusation, ostensibly due to being upset over the Sergeant’s departure and lack of further communication post-encounter.
The case proceeded to the Article 32 preliminary hearing. At the hearing, we presented a defense based on consent and mistake of fact as to consent, as well as the motive to fabricate, stemming from our client ghosting the alleged victim after the encounter. While not the most gentlemanly action, it didn’t criminalize the encounter.
The Article 32 Hearing Officer concluded that while the case would likely not result in a conviction, it met the low standard of probable cause. However, the charges were never referred to trial because the complainant withdrew her participation, likely due to the defense’s efforts at the Article 32 hearing, and the case was disposed of administratively.
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