The Importance of Hiring a Civilian Attorney for False Sexual Assault Allegations in Court Martial Cases Explanation of a Court Martial A court martial is similar to a civilian criminal trial, but it follows a different set of rules and procedures. The UCMJ is the military’s legal system that governs the conduct of service members. […]
We specialize in military court-martial defense. A sexual assault allegation can lead to an investigation with serious consequences for a service member’s career and future. Whether a crime occurred depends on the evidence and the applicable law; an accusation does not itself establish guilt. The practical advice is straightforward: if consent is uncertain, stop. Do […]
Sexual Assault Policy Written by: Ben Gold & Tim Bilecki. On November 1st, the Military Times released an article regarding the DoD’s new Safe-to-Report Policy, which grants potential survivors of sexual assault immunity from minor prosecutions when reporting the alleged assault. There is a great deal to unpack but if we are to pursue truth, […]
Soldiers and their families stationed at Fort Hood, TX should be concerned over recent finding of an investigation into the Criminal Investigation Command (CID) detachment at the base that has shown serious problems surrounding the Army’s management of CID units and personnel. The fact-finding investigation looked at resourcing, policies and procedures of the 6th Military […]
In the months since the discovery of the dismembered and burned remains of U.S. Army Specialist Vanessa Guillen, a Fort Hood soldier who disappeared on April 22, the case has captured the attention of celebrities, lawmakers, and other public figures, and has drawn outrage from women in the military and Latinos. In July, Ryan D. […]
This article discusses the October 2020 DAC-IPAD review of adult penetrative sexual-offense investigations closed in fiscal year 2017. It describes that historical study, not current charging procedures. The report found generally reasonable initial disposition decisions but identified cases referred for trial without sufficient admissible evidence to obtain and sustain a conviction. Command decisions The committee […]
Drunk Sex and Consent | Article 120 The military often teaches that a service member can’t consent to having sex after they have been drinking, which is not an accurate summation of the law. Some SHARP / SAPR training even puts out that if you have just one drink, you can’t consent to sex. This […]
The War on Sexual Assault | Tim Bilecki https://www.youtube.com/watch?v=3-7YtUXKwrQ The War on Sexual Assault: An Inside Look With Court Martial Attorney Tim Bilecki Hosted by Carla Zelaya Bilecki: In today’s military, 10, 15 years ago, the pendulum was on one side where a sexual assault allegation would be made and the military would sweep it […]
E-3 Falls Prey to OSI’s Catch a Predator Sting, Bilecki Secures Acquittal.