A Military Police Officer was charged with having sex with a girl who claimed she was too drunk to consent. The MP invoked his rights to counsel and retained Tim Bilecki, a recognized Article 120 UCMJ sexual offense lawyer in Hawaii.
Following a house party held by fellow Marines, the MP, a member of a muscle car club on Oahu, ended up hooking up with the car club president’s fiancé.
In this case, the alleged victim was flirting with the MP throughout the night, dancing with him and coming on to him. She was seen toward the end of the night walking up the stairs to one of the bedrooms, and our client was seen following her. Once inside the bedroom, the two made out and had consensual sex. She became alarmed when the MP ejaculated inside of her. She got upset and left the room. Worried that her fiancé, the president of the muscle car club, might find out she cheated on him, she claimed rape. As part of her claim, she alleged that she was so drunk that she passed out, could not consent and could not take any accountability for her actions.
The text messages and phone records uncovered by Bilecki’s investigator told a different story. Even though she claimed to be passed out drunk the night she hooked up with the MP, she made dozens of phone calls and text messages throughout the night, which clearly showed that she was not passed out.
At trial, Mr. Bilecki conducted a hard-nosed cross-examination of the government witnesses and showed the jury that the alleged victim was not drunk but rather had fabricated the sexual assault allegation so that her fiancé would not discover she had cheated on him. The jury found our client not guilty of all charges and specifications.
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