Heat on Halliburton over 'Gang rape'

[velvet-cream]

Heat on Halliburton over 'gang rape'

December 20, 2007 - 2:22PM

A US woman who said she was raped by US contractors in Iraq testified in Congress today, telling legislators that she was kept under armed guard in her trailer after reporting the incident.

Jamie Leigh Jones, now 23, said that she was gang raped inside the Baghdad Green Zone in July 2005 while she was working for the Halliburton subsidiary KBR Inc, which has support contracts with the US military.

The US Department of Justice failed to send an attorney to the House of Representatives sub-committee hearing, which Democrat John Conyers blasted as "outrageous" and "unacceptable".

Jones told committee members that on her fourth day in Baghdad some co-workers, who she described as Halliburton-KBR firefighters, invited her for a drink. "I took two sips from the drink and don't remember anything after that," she said.

The next morning Jones woke up groggy and confused, and with a sore chest and blood between her legs. She reported the incident to KBR and was examined by an army doctor, who confirmed she had been repeatedly raped ******lly and anally.

The doctor took photographs, made notes, and handed all the evidence over to KBR personnel.

"The KBR security then took me to a trailer and then locked me in a room with two armed guards outside my door," Jones testified. "I was imprisoned in the trailer for approximately a day. One of the guards finally had mercy and let me use a phone."

Jones called her father in Texas, who called his representative in Congress, Republican Ted Poe. Poe contacted the State Department, who quickly sent personnel to rescue Jones and flew her back to Texas.

The rape was so brutal she is still undergoing reconstructive surgery, Jones said.

Jones tried to get her case resolved first through KBR channels, then through the US Department of Justice. When neither course seemed to work, she gave an interview with ABC television news.

KBR has been silent on the matter, though according to ABC News the company circulated a memo among employees signed by company president and CEO Bill Utt saying that it "disputes portions of Ms. (Jamie Leigh) Jones' version and facts."

Jones said that she knows of at least 11 other women who were raped by US contractors in Iraq.

Jones' KBR contract however included a clause which prevents her from suing her employer, Poe said, which will likely force her into arbitration, which he described as "a privatised justice system with no public record, no discovery and no meaningful appeal".

There are many laws that the Department of Justice (DOJ) "can enforce with respect to contractors who commit crimes abroad, but it chooses not to", Democrat Robert Scott said.

The DOJ "seems to be taking action with respect to enforcement of criminal laws in Iraq only when it is forced to do something by embarrassing media coverage," he added.

"This is outrageous that we even have to be here today," said Conyers, adding that it shows "how far out of control the law enforcement system in Iraq is today".

There are 180,000 civilian contractor employees in Iraq, including more than 21,000 Americans, Conyers said.

While the DOJ says it is committed to law enforcement in Iraq, "they can't even give us one example of a prosecution where the victim was a civilian contractor employee in Iraq", Conyers added.

Poe was equally caustic.

The department's silence on the case "speaks volumes about the hidden crimes in Iraq," he said.

AFP

http://www.smh.com.au/news/world/heat-on-halliburton-over-gang-rape/2007/12/20/1197740416805.html

Contractors are getting more and more heat. But there is a valid point. Which country's law should govern them?

[Cralis]

Which countries laws? Did you read it?

This was a crime committed by American contractors against another American contractor. This has always been handled with American law. Period.

The point she is trying to make is that they (KBR and US DOJ) is ignoring American law, or for that matter, any criminal activity committed by American contractors against each other. It is one thing to ignore crimes committed agains the local populace and claim legal protections, and quite another to ignore crimes committed by your own citizens against your own citizens (regardless of location).

[velvet-cream]

....ignore. Browser stuffed up and double posted

[velvet-cream]

This was a crime committed by American contractors against another American contractor. This has always been handled with American law. Period.


Are you sure?? From what you wrote above, you have implied a few things (correct me if I'm wrong)

1- When American contractors commit crimes against another American contractor, US law has exclusive jurisdiction. (regardless of where the offence is committed).

2- US criminal (non-child) ****** assault laws have extraterritorial effect.

So if an American contractor raped another American contractor in say Australia, do you think the state police/prosecutors in Australia won't try to prosecute them in Australia?? I think not. The (Australian) state police would try to prosecute them (criminally) in Australia (under Australian law) even if both parties were US citizens.

However, the above two assertions may hold true for a civil case.

[tyovan]

^ Maybe it would be better if the Iraqis could try them for rape under Sharia law.. I'd certainly like to see some heads roll if her story is true and if that corrupt company covered it up.

[Calanen]

This was a crime committed by American contractors against another American contractor. This has always been handled with American law. Period.


It has? What is your basis for saying this. Not saying you are wrong, I'd just like to understand the legal basis for what you are claiming. My understanding is that Congress was seeking to expand criminal liability to extend to contractors in these situations, whereas there was some doubt about whether it did or not.

[hank]

As Velvet and Calanen question, I am not convinced US law applies. It is quite common for US citizens who commit crimes in another country (regardless of hte victim's nationality) to be charged in the locus of the crime. That is kind of axiomatic to all legal systems. You can only be guilty of breaking US law in the US.

Now, we've talked about this around here before and there are some contractual and USMCJ provisions that govern these Haliburton guys, but I don't know how that shakes out. If these guys had been soldiers then surely US law would apply, but Haliburton guys may/may not be subject to that.

Whatever happens its a terrible story if its true. The ATL paper carried a picture of here yesterday and she was quite attractive and business-like for the hearing.

hank

[Calanen]

Now, we've talked about this around here before and there are some contractual and USMCJ provisions that govern these Haliburton guys, but I don't know how that shakes out. If these guys had been soldiers then surely US law would apply, but Haliburton guys may/may not be subject to that.


As of last year, Defence Department contractors are supposed to be covered by the UCMJ. Before that, there was a very limited Act put in place in 2000, but no one has ever been prosecuted under it. The changes that are afoot, are to make it so that contractors are subject to extraterritorial US criminal jurisdiction. Note also that many of the private entities over there are not contracted to the Defence Department, but to other arms of the US government.

[hank]

As of last year, Defence Department contractors are supposed to be covered by the UCMJ. Before that, there was a very limited Act put in place in 2000, but no one has ever been prosecuted under it. The changes that are afoot, are to make it so that contractors are subject to extraterritorial US criminal jurisdiction. Note also that many of the private entities over there are not contracted to the Defence Department, but to other arms of the US government.

Yeah, we'd need a lot more info to be able to make blanket statements about which law would apply. Whatever law applies its a terrible story if its true.

hank

[velvet-cream]

Whatever law applies its a terrible story if its true.

hank

I'm going to take it as fact that she was raped (considering she was examined by a doctor afterwards, who confirmed injuries consistent to rape).

Whether Halliburton employees were responsible... I don't know. It's unfortunate regardless.

[seraosha]

I hope they are answerable to the UCMJ.
And I wish that woman all the best.

[RadarGreg]

As part of last year's (2007) defence appropriation's bill, contractors who work for the DoD may be punished under UCMJ IF the crime committed would carry a civil conviction of one year or more in jail. Prior to adding that to the defence bill, contractors could be punished only under civil jurisdiction, and under the state in which the company works. For example, if Porta-Pottie Services Inc., based in New Jersey, has contractors working in Iraq or Afghanistan, the state law of New Jersey would apply to criminal jurisdiction or punishment.

I think the UCMJ rules only apply to DoD contractors, not to Department of State or other government agencies. This was one of the gripes about Blackwater and the problems they had last September. DoS hired most of them; not DoD.

[Desk Jockey]

I watched her testimony yesterday before the House. What was disturbing is that the rape kit administered by the Army doctors which had physical evidence (her undergarmnets), other evidence such as pictures of her bruises, and the notes of the doctor who examined her was handed over to KBR / Halliburton security and has now dissappeared.

It seems that DOJ / State is dependent on the contractor to internally remedy the situation. The lawyer at the hearing yesterday mentioned that since Paul Bremer and the CPA declared what I remember as "rule 17" or something in 2004 then Iraqi law is not relevant and the coalition has to put something in place.

I don't understand why there are not federal agents and a federal prosecutors office in Iraq who handle criminal complaints and investigate. (maybe there are but it ws not done in this case) It seems that she has still not spoken to federal agents other than the DSS agents who took her to medical facilities in Iraq.They mentioned yesterday that Army CID had refered the case of alleged contractor abuse at Abu Gharib to the Eastern District of Virginia US attorney's office, don't know if that can happen here, plus the evidence is either compromised or gone.

[bersaglieri]

[quote=tyovan4;2940100]^ Maybe it would be better if the Iraqis could try them for rape under Sharia law.. quote]
Of course given what occurred in Saudi recently , I assume that the woman would NOT wish the case to be prosecuted under Sharia law as she would then be jailed and whipped for adultery!

[California Joe]

Seriously, there are medical records and she is undergoing reconstructive surgery, I'm kinda thinking she has a serious complaint here. Those f*cking animals deserve to be castrated.

[CG51]

It's like the Wild West over there minus the opium dens.

Karma is a bitch and if what she says it true, may they find there fate there.

[giggler]

It's like the Wild West over there minus the opium dens.

Karma is a bitch and if what she says it true, may they find there fate there.
I am in full agreement hopefully they get it soon.

[Cralis]

It has? What is your basis for saying this. Not saying you are wrong, I'd just like to understand the legal basis for what you are claiming. My understanding is that Congress was seeking to expand criminal liability to extend to contractors in these situations, whereas there was some doubt about whether it did or not.

I'm also responding to Velvet_Ceam with this:

There has been a number of situations where contractors have been charged with crimes and taken into custody by US Military forces in war zones. I worked with an Intel officer for a few months, and he apparently used to be a Legal officer years prior. The topic came up when a contractor stole a number of things from other contractors, and he was saying that they would be taken back to the states and prosecuted there.

I know that there are cases where local law enforcement can get involved, but that is where the whole "jurisdiction during a war zone" thing gets messy. Local law enforcement would be involved with American-on-nationals crime, and in a Peace situation, it could be involved in American-on-American crime. However, in this case it would have been far more simple for the DOJ to do its job, arrest the offending contractors, take them back to the states and charge them.

And AFAIK DoD contractors ARE subject to the UCMJ. Several cases of that being used for contractor-on-nationals crimes where I was located.

You know, I probably shouldn't argue this much further without some investigating...but my time is limited. So I'll spell this out as second-hand knowledge before someone slaps me with a stupid stick :-)

[Pille1234]

Imagine the victim would have been an Iraqi woman without connections to the House of Representatives. Would there even be a chance for justice then?

[Hollis]

I am with CJ on this, this is so wrong in so many ways. Personally give them to Haj.

[James]

As Velvet and Calanen question, I am not convinced US law applies. It is quite common for US citizens who commit crimes in another country (regardless of hte victim's nationality) to be charged in the locus of the crime. That is kind of axiomatic to all legal systems. You can only be guilty of breaking US law in the US.

It isn't that local laws don't apply, just that U.S. law does apply. It isn't so much about crimes committed by Americans, but against Americans.

[2Sheds_Jackson]

^ Maybe it would be better if the Iraqis could try them for rape under Sharia law.. I'd certainly like to see some heads roll if her story is true and if that corrupt company covered it up.

I think that would be a bad idea. They'd probably accuse her of being immodest and comporting herself inappropriately with men who were not her relatives - she'd wind up getting 200 lashes.

I'm not sure why Halliburton is being dragged into this. These were individuals who -if the story is true - certainly violated company policy. I'm guessing rape is against Halliburton's ****** harassment policy. But then Halliburton has much deeper pockets than these individuals do. Surely we'll be hearing some crap about the company "creating a climate of >insert unacceptable condition here<"

[dacanadianbomb]

Exactly, they would end up sticking her in jail if it went to a Sharia court
I hope those guys get theirs fvcking bass-turds

[I can't think of a name]

^ Maybe it would be better if the Iraqis could try them for rape under Sharia law.. I'd certainly like to see some heads roll if her story is true and if that corrupt company covered it up.

You don't even know what sharia law is. the victim might end up being stoned. :roll:

[I can't think of a name]

Also, where is the evidence here of the crimes? Will this be another rape case the media jumps onto because the politics behind it suit their agenda?

http://www.overlawyered.com/2007/12/halliburton_gang_rape_and_fear.html

In February 2006, Jamie Leigh Jones filed an arbitration complaint, complaining that, for her administrative assistant job with KBR in Iraq, she was placed in an all-male dorm for living arrangements, and a co-worker ******ly assaulted her. (KBR says the co-worker claimed the *** was consensual, though Jones claims physical injuries, such as burst breast implants and torn pectoral muscles, that are plainly not consistent with consensual ***. The EEOC’s Letter of Determination credited the allegation of ****** assault.) Fifteen months later, after extensive discovery in the arbitration, Jones, who lives in Houston, and whose lawyer is based in Houston, and who worked for KBR in Houston, sued KBR and a bunch of other entities (including Halliburton, for whom she never worked, and the United States), in federal court in ********, Texas. The claims were suddenly of much more outrageous conduct: the original allegation of a single he-said/she-said ****** assault was now an allegation of gang rape by several unknown John Doe rapists who worked as firemen (though she did make a claim of multiple rape to the EEOC, though it is unclear when that claim was made); she claims that after she reported the rape, “Halliburton locked her in a container” (the EEOC found that KBR provided immediate medical treatment and safety and shipped her home immediately) and she threw in an allegation that a “****** favor” she provided a supervisor in Houston was the result of improper “influence.” (But she no longer makes the implausible claim that she was living in an all-male dorm in Iraq.)
So the medical evaluation were done by Army doctors who handed the record to KBR. So if KBR took the records then where are the doctors verifying her story, surely she would note who they were?

Also her taking photo shoots for the press etc. looks like a play for some twisted publicity. She seems to be putting herself in situations she shouldn't be doing.

Nothing I have said is suggesting rape did not happen, I am just saying this girl has a vague story. My guess is something ****** happened and it is much more complicated than just a bunch of guys saying "lets rape that girl we have worked with for months".

[Laconian]

If the crime was committed on a US base or the embassy grounds, the US would have sole jurisdiction because that is, by international law, the US. hank or calnen can correct me if I'm wrong. Depending on who she was contracting for (DoS, DoD, DoJ), their investigative agencies (DCIS, NCIS, OSI, CID, etc.) should have handled this. That this was handled through the company is BS. Haliburton's only question should be how many zeros she wants on the check.

Like Hollis & CJ mentioned these animals need to be brought to justice.

[marktigger]

^ Maybe it would be better if the Iraqis could try them for rape under Sharia law.. I'd certainly like to see some heads roll if her story is true and if that corrupt company covered it up.

not really the woman would be imprisoned and get 200+lashes the men would be imprisoned. Maybe its about time Haliburton/KBR was properley investigated and is it in a monoploy position? but of course it bankrolls the neocons so that won't happen.

Or maybee the US needs to review its justice system as it would appear to be very corupt if Haliburton a private company can inflence its descisions?

[duhblow7]

Also, where is the evidence here of the crimes? Will this be another rape case the media jumps onto because the politics behind it suit their agenda?

http://www.overlawyered.com/2007/12/halliburton_gang_rape_and_fear.html
So the medical evaluation were done by Army doctors who handed the record to KBR. So if KBR took the records then where are the doctors verifying her story, surely she would note who they were?

Also her taking photo shoots for the press etc. looks like a play for some twisted publicity. She seems to be putting herself in situations she shouldn't be doing.

Nothing I have said is suggesting rape did not happen, I am just saying this girl has a vague story. My guess is something ****** happened and it is much more complicated than just a bunch of guys saying "lets rape that girl we have worked with for months".

Are you serious? You agree something happened, but you challenge her credibility.

As far as her going to the press; she filed a complaint in February of 2006 and all she's heard are crickets. After she exhausted all her attempts at criminal charges she was forced to go civil then public with her story. Imagine the courage that would take, over a year and a half later and you're still facing re constructive surgery, your perpetrators have faced no consequences, you're forced into arbitration and backed so far into a corner the only way you feel you can get justice is by going on 20/20.

Just because the doctors may not have been mentioned in your article or on 20/20 doesn't mean they are nonexistent. Don't you think the issue of a phantom doctor would have surfaced sometime during arbitration?

I shouldn't have even dignified your comments with a response.

[hank]

If the crime was committed on a US base or the embassy grounds, the US would have sole jurisdiction because that is, by international law, the US. hank or calnen can correct me if I'm wrong. Depending on who she was contracting for (DoS, DoD, DoJ), their investigative agencies (DCIS, NCIS, OSI, CID, etc.) should have handled this. That this was handled through the company is BS. Haliburton's only question should be how many zeros she wants on the check.

Like Hollis & CJ mentioned these animals need to be brought to justice.

No, that would be right if it happened on a US base. James is right too. My only point was that you can't just assume that when a US citizen commits a crime in a foreign country (even against a US citizen) that US law applies. The law that controls the ground (or loci) where the crime is committed controls. I didn't do a good job of making that point.

As others have pointed out, it may be moot if hte UCMJ applies. But Laconion is right, if this happened on a US base then US law will apply regardless.

hank

[I can't think of a name]

Are you serious? You agree something happened, but you challenge her credibility.

Meaning that we don't know if she had ****** relations with these individuals things turned for the worse. It is more complicated than a bunch of strangers randomly raping her.


As far as her going to the press; she filed a complaint in February of 2006 and all she's heard are crickets. After she exhausted all her attempts at criminal charges she was forced to go civil then public with her story. Imagine the courage that would take, over a year and a half later and you're still facing re constructive surgery, your perpetrators have faced no consequences, you're forced into arbitration and backed so far into a corner the only way you feel you can get justice is by going on 20/20.Yes, go to the press because she knows they want to go after Haliburton.


Just because the doctors may not have been mentioned in your article or on 20/20 doesn't mean they are nonexistent. Don't you think the issue of a phantom doctor would have surfaced sometime during arbitration?Well she does not have these medical records as evidence, she claims KBR is with holding them so why not get the doctors to back you up?


I shouldn't have even dignified your comments with a response.Whine on, I am sure you wanted those rich white Duke kids in jail too. I don't really care what happens in this case either way. I am just saying it is easy for a girl to go to the press and say she was raped. The press will **** it up and run with it and the democrats in congress will run with it despite little evidence. This case has no become more meaningful than rape, it is political. All many people care about is that they can call Bush/Cheney's contractors in Iraq murders and rapists.

I feel sorry for the woman though this is a culmination of many issues she has been involved with since doing this job.

[[WDW]Megaraptor]

Meaning that we don't know if she had ****** relations with these individuals things turned for the worse. It is more complicated than a bunch of strangers randomly raping her.


Most rapes are committed by someone who knows the victim...

[2Sheds_Jackson]

Are you serious? You agree something happened, but you challenge her credibility.


Well I don't see too much wrong with what he's suggesting. There are lots of times when something does indeed happen - but it's not what it purports to be. So these are questions that must be asked.

Of all the women I know, I know only one who ever claimed to have been raped. Twice. And in both cases, she also told me she made it up, because she had been fooling around and needed a plausible excuse for being caught essentially red-handed. You know, like she gets naked in front of her boyfriend and there are bite marks on her ass cheeks or something. "Where did that come from?"

I just about freaked out - I told her she had no idea of the sequence of events that she could unleash on this poor guy. To her, it started as a simple excuse to explain something away, and she gave absolutely no thought to what the eventual outcome could be. The fact that's she'd do it not once but twice really got me to thinking and we kind of drifted apart after that. Maybe the worst thing was that she thought I was the kind of person who'd think doing that was just fine.

Is that the case here? I really have no idea but the questions have to be asked, because it does happen. Throw in political agenda and a nice big pile of money - will that make it more or less likely to happen?

[Hollis]

Hank sumed it up, "They need to be brought to Justice"

[Calanen]

IThat this was handled through the company is BS. Haliburton's only question should be how many zeros she wants on the check.

Like Hollis & CJ mentioned these animals need to be brought to justice.

Absolutely right, which is why Halliburton or KBR rather is seeking to have the matter arbitrated. If you get this in front of a jury, man, they are going to punish KBR.

The adverse publicity is something that is worth or should be worth a lot to them. I imagine it will settle for an undisclosed sum.