Male on Male Sexual Assault
Unfortunately, regardless of the repeal of “Don’t Ask, Don’t Tell” nearly a decade ago, being gay in today’s military is not always widely accepted. That, coupled with the military’s ongoing war on sexual assault, makes having a sexual relationship with a fellow male service member a sometimes dangerous matter.
If you are in the military and hookup with a guy who is not openly gay, and your hookup or relationship outs him, be prepared for him try to save face and prevent being outed by saying you sexually assaulted him while he was too drunk to consent.
Bilecki & Tipon has seen a trend in male-on-male sexual assaults where the “victim” was outed after a hookup and later fabricated an allegation of sexual assault so that other members of the unit wouldn’t think he was gay. This is unsurprising if you believe the statistics put out by the Pentagon that a significant percentage of the unwanted sexual contact reported by male service members involved other men.
In these cases, the accused is often too embarrassed to discuss the allegations with their military attorney because they feel the attorney won’t believe them, will judge them, or won’t accept their lifestyle. This leads to distrust on both the part of the attorney and the client, with the results often being an ill-advised guilty plea or a conviction.
At Bilecki & Tipon, we don’t judge, we defend. To us, it doesn’t matter if you are gay, straight, or somewhere in between. If you have been falsely accused by an intimate partner, a boyfriend, or just someone you hooked up with on Grindr, Scruff, or Bumble, we can take on your case and expose the truth.
We here at Bilecki & Tipon LLLC believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
Unique Investigations For Unique Cases
When defending a male-on-male sexual assault in the military, we utilize techniques similar to our more traditional sexual assault cases: using our experience and conducting unparalleled investigations and tough cross-examinations. In male-on-male sexual assault cases, the need for extensive investigation of the alleged victim is critical.
Often times, we can show a jury that the sexual acts were completely consensual, and the “victim” is fabricating his story in order to avoid embarrassment. Very few military attorneys have the resources or know-how to conduct this type of investigation and then utilize the results at trial.
At Bilecki & Tipon, we have the ability to conduct full background checks, monitor social media and apps – such as Grindr and Hornet – and conduct digital forensic examinations of phones and other media that is critical to a successful defense. Most importantly though, we have the experience to know how to use this information during the pre-trial hearings and present it to a military jury, who will often have deep-rooted prejudices against the LGBTQ community. We also have another advantage: a relentless passion to win.
If You Are Embarrassed Now, What Happens If You Are Convicted?
Expect to be hit hard in your court-martial. Much like the Obama administration went after service members accused of sexual assault with a zeal we’ve never seen before, the Trump administration is looking to go after drug offenders with the same kind of determination.
This will only lead to harsher sentencing and more aggressive tactics by prosecutors. Which is why it’s more important than ever that you have a defense attorney with a proven record for winning drug cases in the military.