An Army Specialist was charged with sexual assault of a minor after he hooked up with his friend’s 15-year-old daughter at a redeployment party. This was a case that, initially, looked nearly impossible to win.
Her willingness to have sex did not answer the charge involving a child under 16. Bilecki focused on a different question: whether the Specialist honestly and reasonably believed she was at least 16. The defense was mistake of fact as to age, not mistake of fact as to consent.
At trial, Tim Bilecki showed the panel that the alleged victim, who was an active and willing participant in the sex, appeared much older than 15 years of age; she dressed as an adult, was at a party full of adults, was pouring alcohol for adults and held herself out to be over the age of 16. In addition, Mr. Bilecki brought to light that the alleged victim’s parents never discussed their daughter with our client and never introduced her as such.
While the jury probably disliked that a twenty-something-year-old had sex with a 15-year-old dependent of a Soldier, the defense had presented the facts supporting his honest and reasonable belief that she was at least 16. After nearly a week of trial, the panel found our client not guilty of all charges and specifications.
Prior results do not predict future outcomes.