A Marine Corps Lance Corporal was accused of wrongful sexual contact and assault against another male Marine for what was essentially horseplay while stationed at Twentynine Palms, California. What started as jovial banter between Marines ended up in sexual assault allegations when one Marine essentially “bet” another Marine that he would not put his penis in the other Marine’s ear.
While the Lance Corporal never did put his penis in another Marine’s ear, he did lick his fingers and stick his wet fingers in the other Marine’s ear. The Marine believed he was being picked on and later made a formal complaint. This complaint then turned into a SAPR allegation, and the so-called victim used it to get an expedited transfer out of Twentynine Palms.
The command’s initial investigation turned up nothing, and the LCpl was allowed to PCS to Hawaii. After his PCS, military prosecutors here in Hawaii picked up the case and charged him with one specification of wrongful sexual contact and two specifications of assault.
After being retained, Tim Bilecki, a recognized Article 120 UMCJ sexual assault lawyer in Hawaii, immediately did a complete defense investigation into the so-called victim and learned that he was a sub-standard Marine who had previously made false allegations against other Marines to get what he wanted. In this case, he used the false allegation to get an expedited transfer. Once the information from our investigation was brought to light, the charges against our client with withdrawn and dismissed.
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