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June 2011
Tim Bilecki

Marines Charged with Sexually Assaulting His Friend’s Wife Gets No Prison Time

Abusive Sexual Contact, Drunk and Disorderly Conduct
Camp Foster, Okinawa, Japan
Marine Corps Master Sergeant E-8
Conviction with no prison time, and no discharge. Client retired honorably.

Maximum Sentence:

  • Dishonorable Discharge
  • 7 years and 6 months confinement
  • Total forfeiture
  • Reduction to E-1
  • Sex offender registration
  • Federal felony conviction
  • Loss of military retirement

This case involved yet another Marine in Okinawa charged with an alcohol-facilitated sexual assault. A Marine Master Sergeant was charged after his friend’s wife claimed that she was sexually assaulted in her bedroom after throwing a birthday party for her husband. 

Allegedly, the Marine became highly intoxicated, crawled into bed with the alleged victim, and sexually assaulted her while she was asleep. After being sexually assaulted, the alleged victim woke up and identified the Marine running out of the bedroom. While there was limited physical evidence in this case, the circumstantial evidence was strong, given that the Master Sergeant was the only other male in the house besides the alleged victim’s husband and our client was wearing a bright orange shirt (which she identified) and that the victim did not have any strong motives to fabricate an offense.

Attorney Tim Bilecki was retained following the Marine’s charges at a general court martial. Our team conducted a thorough investigation of the case, contested the probable cause determination at the Article 32 hearing, and filed extensive motions before the trial commenced. The jury trial lasted a week, resulting in our client’s conviction for abusive sexual contact.  Despite this, the defense, under the experienced guidance of Tim Bilecki, a noted Article 120 UCMJ sexual assault defense lawyer based in Japan, presented a compelling argument during sentencing and highlighted the significant value of our client’s military retirement.

While the prosecution sought 18 months of confinement and a bad conduct discharge, the outcome was markedly more favorable for our client. He avoided imprisonment and discharge, receiving only a two-grade demotion and being restricted to base. Importantly, he retained eligibility for his military retirement benefits. This result underscored the effectiveness of the defense strategy and advocacy in securing a substantially reduced sentence.

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