Ex-USG Employee Brian Jeffrey Raymond, Called an “Experienced Sexual Predator,” Ordered Removed to D.C.

Warning: language in court documents may be  disturbing particularly to those who were previous assaulted.

A former USG employee identified as Brian Jeffrey Raymond was arrested on October 9, 2020 in San Diego, California pursuant to an arrest warrant issued in the District of Columbia on October 8, 2020. See the Detention Order published here with name listed as BRIAN JEFFERY RAYMOND (sic).
We could not find an arrest announcement from the U.S. Department of Justice, and we’ve been looking hard.  Have you seen it?
On October 27, the CA court docket includes the following notation:

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Removal/ID Hearing as to Brian Jeffrey Raymond held on 10/27/2020. Defendant admits identity and orally waives hearing.Court orders defendant removed to District of Columbia. Pursuant to the Due Process Protections Act, the United States is reminded of its obligations to produce exculpatory evidence pursuant to Brady v. Maryland and its progeny. Failing to timely do so could result in consequences such as exclusion of evidence, adverse jury instructions, dismissal of charges, and sanctions by the Court.(CD# 10/27/2020 11:25-11:33). (Plaintiff Attorney Eric Roscoe, AUSA). (Defendant Attorney John Kirby, Retained (Telephonic). (no document attached) (tkl) (Entered: 10/27/2020)

Read up on the Due Process Protection Act here.
The Affidavit in Support of Application for Complaint and Arrest Warrant is available to read here;  subject’s name is listed as Brian Jeffrey Raymond. The document notes that on May 31, 2020, “the Department of State, Diplomatic Security Service (“DSS”), and FBI begun investigating Raymond after he was detained by foreign law enforcement outside of his apartment overseas.  At the time, Raymond was a U.S. government employee working at a U.S. Embassy in a foreign country and lived in embassy-leased housing. Raymond has since resigned from his U.S. government position.”
The Motion for Pre-Trial Detention includes the “factual background of the case” with the following details.
    • On May 31, 2020, police in Mexico City, Mexico responded to the defendant’s apartment in response to reports of a naked, hysterical woman desperately screaming for help from the defendant’s balcony. At the time, the defendant was working for a U.S. Government agency at the U.S. Embassy in Mexico and had been living in his embassy-leased residence since August2018. Because the U.S. government has jurisdiction over certain crimes occurring in embassy-leased housing, pursuant to 18 U.S.C. § 7(9), the Department of State, Diplomatic Security Service(“DSS”) and the Federal Bureau of Investigation (“FBI”) are jointly investigating the incident.
    • Over 400 videos and photographs of 21 different women taken over the course of at least nine years were recorded by the defendant.
    • From August 2018 until June 1, 2020, the defendant worked for a U.S. Government agency at the U.S. Embassy in Mexico City. There, he used his embassy-leased residence to engage in criminal sexual conduct, to include an alleged sexual assault of AV-1 on May 31, 2020 and the undressing, photographing, and recording of at least nine unconscious women. 
    • During the course of his employment with the U.S. Government, the defendant has lived in approximately six to seven different countries, and he has traveled to more than 60 countries for work and personal travel. 
    • The government’s investigation has revealed 22 apparent victims thus far –  the initial sexual assault victim plus 21 additional victims found on his devices and in his iCloud.
    • He speaks Spanish and Mandarin Chinese. He has worked in or visited over 60 different countries in all regions of the world.
The document is available to read here.
Raymond’s defense bail motion dated October 15, 2020 includes the following nugget:
“At regular intervals throughout his tenure in public service, as well as shortly after the launch of the current investigation, Mr. Raymond has taken polygraph tests. […] He’s taken over 10 polygraphs during his career.”
Pardon me, 10 polygraphs in 23 years? Who routinely gets a mandatory polygraph working at an embassy?
A few other notable things:
—  Court document describes the defendant as a USG employee of 23 years. So we can rule out that he was a contractor. We only know that he has lived in 6-7 different countries and has traveled to more than 60 countries for work and personal travel. Doing what? The document does not say which agency he worked for, which section of the embassy he worked in, or what was his job at the US Embassy in Mexico or at his other assignments.
— All career diplomats are subject to U.S. Senate confirmation.  We have not been able to find any record that this individual has ever been considered or confirmed by the Senate as a career member of the U.S. Foreign Service.
—  Defendant speaks Spanish and Mandarin Chinese. Chinese is a super hard language for the Foreign Service. In FY2017, the last year data is publicly available, there were 463 FS employees proficient in Chinese Mandarin and 3,344 employees proficient in Spanish. Now, why would the State Department send a Chinese speaker to an assignment in Mexico? That’s not a usual thing, is it? Right.
Who is this guy and what did he do for Uncle Sam? It is likely that this individual was attached to the embassy for a still unnamed agency. We expect there will be more to this story in the coming days. Or maybe not. And that should tell us something, too. There appears to be a few entries on the court docket, at least six to our last count, that says “no document attached.”
This is a vile and loathsome case but even in such cases, we still should note that a criminal complaint is an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

On October 2, 2020, State/OIG released its long-awaited report on the State Department handling of sexual harassment, including sexual assault reports in the agency. The IG reviewed the extent to which employees report sexual harassment, how the agency addresses reports, and the extent that State ensures consistent outcomes for individuals found to have engaged in such harassment.
The report notes that both Acting IG Stephen Akard, and his replacement, Acting IK Matthew Klimow “recused themselves from this review and delegated final clearance authority to Deputy IG Diana Shaw.” It looks like this review as initiated by State/OIG in early 2018. The report says that the issuance of this report was delayed because of “the lapse in OIG’s appropriation that occurred from December 21, 2018, through January 25, 2019, as well as the COVID-19 pandemic and resulting operational challenges.” We’re curious what happened to this report after the shutdown in January 2019 and before the pandemic was declared on March 11, 2020.
The Office of Civil Rights’ (S/OCR) response to this IG report is dated August 24, 2020; DGHR’s response is dated September 8, 2020.
Sexual harassment, generally a violation of civil laws, while sexual assault usually a reference to criminal acts (penetration of the victim’s body, also known as rape; attempted rape; forcing a victim to perform sexual acts, such as oral sex or penetration of the perpetrator’s body; fondling or unwanted sexual touching.
Within State, per 3 FAM 1711.2 says sexual assault is a form of sexual harassment.  Per 3 FAM 1712.2-4, S/OCR has the responsibility for investigating or overseeing investigations of alleged sexual harassment, which may include sexual assault. OIG report notes that it does not generally investigate claims of sexual harassment itself because OCR is specifically designated in the FAM as the responsible entity for investigating alleged sexual harassment. If the allegations rise to the level of a sexual assault, S/OCR will refer the allegations to DS/DO/OSI.
This report is distressing to read, and the underreporting is understandable. Of the 24 cases where misconduct allegations including sexual assaults were substantiated, we don’t know how many were criminally charged. One? None?

(font in blue, lifted from the report)

Office of Civl Rights (S/OCR), Office of Special Investigations (DS/OSI), and Conduct, Suitability, and Discipline Division (GTM/CSD)

      • lacks coordination guidance
      • lacks inter-operability of reporting systems
      • tracking system sucks
      • lacks updated supervisory guides
      • lacks data on the consistency of investigative and disciplinary processes
      • lack timeliness standards 

“OIG could not assess the timeliness of sexual harassment cases because the offices did not have timeliness standards. Additionally, lack of reliable and comprehensive data hampers the Department’s ability to effectively oversee and administer efforts to address sexual harassment.”
[…]
OCR, OSI, and CSD have individual systems to track and monitor sexual harassment cases, but the systems do not track similar data or share data with each other. For example, each office uses different identification numbers for the cases and different names for the subject’s bureau, office, or post. Additionally, OCR and CSD use different definitions when tracking sexual harassment cases. […] the three systems do not share data among each other and the other offices relevant to the disciplinary process. OCR, OSI, and CSD officials stated that only staff of the individual offices have access to the office’s data system and that the offices do not grant access to each other.
[…]
Because the offices lack a mechanism for tracking sexual harassment cases from intake until the final disciplinary action, OIG was not able to determine the length and disciplinary outcomes of all sexual harassment and sexual assault reports to OCR and OSI from 2014 to 2017.

S/OCR investigated just 22% of complaints for possible violations of Department policy

Of the 636 complaints of sexual harassment that OCR received from 2014 to 2017, OCR investigated 142 (22 percent) as possible violations of Department policy.

Top Five Bureaus and Posts With the Highest Number of Sexual Harassment Complaints From 2014 to 2017

      • Consular Affairs
      • Diplomatic Security
      • US Embassy Baghdad, Iraq
      • US Embassy Kabul, Afghanistan
      • Foreign Service Institute

CA, DS, Embassy Kabul, Chennai Consulate, and the Bureau of Overseas Building Operations represented the five bureaus and posts with the highest number of investigations.

Top Five Sexual Assault Complaints by Regional Bureau From 2014 to 2017

      • South and Central Asian Affairs
      • European and Eurasian Affairs
      • Near Eastern Affairs
      • East Asian and Pacific Affairs
      • Western Hemisphere Affairs
      • African Affairs
      • Domestic

Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct. […] However, this does not mean that 24 cases of sexual assault were confirmed; rather, it means that during the investigation, OSI concluded that some type of misconduct or criminal activity occurred and it was referred it to CSD for possible disciplinary action. In other words, OSI may receive an allegation of sexual assault and, during the investigation, obtain evidence that some other form of misconduct occurred.

Reporting on sexual harassment (63%) and sexual assaults (71%) are up but there are concerns of significant underreporting

According to information obtained by OIG, both through data collection and through interviews with Department employees, reports of sexual harassment increased from 2014 to 2017. OCR officials told OIG that this trend appears to be continuing. Additionally, one employee group expressed concern that sexual harassment is significantly underreported at the Department.

According to OCR data, reports of sexual harassment increased by 63 percent from 2014 to 2017, from 128 reports in 2014 to 209 reports in 2017. An OCR official told OIG that this increase may reflect an increased willingness to report sexual harassment based on an increased focus within the Department on the issue.

Reports of sexual assault have increased as well; OSI data shows a 71 percent increase in the number of reports of sexual assault from 2014 to 2017.

For overseas employees, a bigger challenge

Current and former Department employees interviewed by OIG expressed the belief that, for employees serving overseas, there are no mechanisms in place to hold embassy management accountable for failing to address sexual harassment at post.
[…]
According to OCR data, OCR received 636 complaints of sexual harassment from 2014 to 2017. That’s an average of 212 complaints a year. Of the 636 complaints, 441 originated at overseas posts. An average of 147 cases a year.
[..]
From the beginning of 2014 until the end of 2017, OSI received 106 reports of alleged sexual assault. […] Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct.
[…]
For cases opened before 2018, OSI did not track substantiated sexual assault allegations as a separate category so OIG could not identify the precise number of sexual assaults.

Underreporting due to lack of confidence in its resolution, fear of retaliation

Based on interviews and the survey of Department employees, OIG identified a number of factors that may contribute to underreporting, including lack of confidence in the Department’s ability to resolve complaints, fear of retaliation, and reluctance to discuss the harassment with others. Of the 154 survey respondents who responded that they experienced or observed sexual harassment within the last 2 years, 73 responded that they did not report the incident to OCR or DS. When asked why they had not reported incidents, of those 73, 25 employees agreed that they did not think that reporting would stop the sexual harassment; 19 employees agreed that they were afraid of retaliation; and 25 employees agreed that they did not want to discuss the incident (see Table 2).

… of the survey participants who experienced or observed sexual harassment but did not report it to OCR or DS, 34 percent stated that they did not do so because they did not think reporting would stop the harassment.

Lack of protection for complainants

Employees who were interviewed and survey respondents stated that another likely cause of underreporting is fear of retaliation. Interviewees told OIG that they do not believe that OCR will protect their identities during the course of the investigation if they do decide to speak out.
[…]
According to the FAM, “the Department will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).” 3 FAM 1525.2-1(d). According to OCR’s guidance for harassment inquiries, however, upper-level management (such as CSD) may need to know the victim’s identity in order to assess the disciplinary action. CSD and L/EMP officials told OIG that employees accused of sexual harassment are entitled to procedural due process if CSD proposes discipline. For sexual harassment cases, this means that the accused receive the OCR investigative file that includes all victim and witness statements, including their names; for sexual assault cases, the discipline package includes OSI’s report of investigation.

“Corridor Reputation”

Employees in interviews also expressed fear that reporting sexual harassment could harm their careers, either through overt retaliation or through the creation of a negative stigma and damage to the reporter’s “corridor reputation.”

One group representing Department employees told OIG that employees who experience sexual harassment are fearful that reporting it will cause their colleagues to view them as “troublemakers.”

Another employee group told OIG that the Foreign Service is a fairly small organization and reporting sexual harassment could give employees a poor reputation that will “follow them to future posts.”

Advised Against Reporting Sexual Harassment

…some Department employees told OIG that they were advised not to report the harassment that they experienced. Four survey respondents who experienced or observed sexual harassment stated that they did not report after being told not to do so.

Intake until Final Action: Length Varied from 139 days to 1,705 days

On average, OIG’s selected cases took 21 months to move from intake to resolution.54 The length of cases varied from 139 days (i.e., almost 5 months) to 1,705 days (i.e., over 4 years)

Final Disciplinary Actions for Selected Cases Ranged from No Action to Suspension

Final disciplinary decisions for OIG’s selected sexual harassment cases ranged from no action to suspension. Although the Department had proposed discipline for 11 of the 20 cases, only 5 resulted in implementation of the disciplinary action.

For example, one case resulted in no action taken after FSGB overturned the Department’s disciplinary decision to issue a Letter of Reprimand. For the three cases resulting in resignations, CSD had decided on either suspensions or separations but ultimately reached negotiated settlements for resignation. One individual retired after receiving CSD’s proposed decision, and another retired as CSD was reviewing the case. According to CSD officials, individuals who retire before a final disciplinary decision do not have the proposal or disciplinary decision included in their official personnel file.

2010-2020! Hello!

CSD has not updated the Foreign Service supervisory guide since 2004 and the civil service supervisory guide since 2007 to reflect sexual harassment policy changes. The supervisory guides aim to help supervisors and managers identify and address conduct and performance problems. The guides discuss the supervisor’s responsibilities, the disciplinary process, and certain types of misconduct. The guides do not, however, explain that supervisors are required to report allegations or observations of sexual harassment to OCR, although doing so has been a requirement in the FAM since 2010.

State/IG surveyed 2000 randomly selected employees and got a 27% response rate

OIG randomly selected 2,000 Department direct-hire employees who were employed as of October 1, 2018. OIG conducted a pre-test of the survey with 20 of the randomly selected employees. OIG surveyed the remaining 1,980 employees and received “undeliverable” responses from 215 email accounts.  A total of 479 employees responded to the survey, accounting for a 27 percent response rate.
[…]
Several factors may have affected the response rate: lack of access to Department e-mail during the 5-week lapse in appropriations; the sensitive nature of the subject; and employees being out of the office during the timeframe.4 Additionally, due to limited resources, OIG did not select a sample of respondents to validate their survey responses. OIG’s statistician analyzed the data by reviewing the responses of survey respondents. OIG also interviewed 10 employees who contacted OIG to share their personal experiences with sexual harassment at the Department. Additionally, OIG interviewed employee groups representing Department employees for additional employee perspectives on sexual harassment.

Related posts from 2014-2016:

 

Ex-Diplomatic Security Deputy Assistant Secretary John Scott Moretti Arrested in Virginia

On May 6, Prince William County Police Department published a summary of the arrest of Scott Moretti by Virginia State Police. He was charged with indecent liberties and forcible sodomy and currently held without bond. 

On May 5, detectives with the Special Victims Unit concluded an investigation into a sexual assault that was reported to have occurred at a residence in the Manassas (20112) area of Prince William County between November 2011 and November 2013. The investigation revealed that the female victim, who was between 10-11 years of age at the time of the offenses, was sexually assaulted by an acquaintance, identified as the accused, on more than one occasion during the above time frame. The victim reported the incidents to police in September 2019. On May 5, 2020, following the investigation, detectives obtained arrest warrants for the accused, identified as John Scott MORETTI, who was arrested later that day by Virginia State Police.

Arrested on May 5:
John Scott MORETTI, 58, of 13162 Cuyahoga Ct. in Manassas
Court Date: Pending | Bond: Held WITHOUT Bond
From 2015 to at least 2017, as best we could tell, Mr. Moretti was the Deputy Assistant Secretary of State in the Bureau of Diplomatic Security. We don’t know when he exactly retired but he was the DAS for the DSS Training Directorate in August 2017 based on a DS official release. When the DS bureau got a new assistant secretary in November 2017, Moretti was also listed as the Deputy Assistant Secretary/Assistant Director for Training. That position oversees the Bureau of Diplomatic Security’s Offices of Antiterrorism Assistance, Training and Performance Support, and Mobile Security Deployments.
Moretti was promoted in 2016 to the rank of Counselor, a member of the Senior Foreign Service. According to his archived bio, from 2013-2015, he was also the Special Agent-in-Charge of the secretary of state’s security detail. He previously worked in Baghdad, Kabul, and the Washington Field Office. Archived bio does not list all his previous assignments in the Foreign Service or domestic field offices.
We have yet to locate the court documents for this case. Note that a criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

 

Related posts:

 

When sexual assault victims speak out, their institutions often betray them

Institutional betrayal can lead to real psychological and physical harm.

Jennifer J. Freyd, University of Oregon
Republish under Creative Commons license

 

A 27-year-old medical resident in general surgery is sexually harassed by two men – the chief resident and a staff physician at the hospital. She feels trapped. When one of the men’s actions escalates to assault, she struggles to find the strength and courage to report it.

When she finally does, will the outcome harm her even more?

The story, a fictional composite based on real accounts in our research, is agonizingly familiar. The outcome is often worse. When sexual harassment and assault occur in the context of an institution – a school, the military, a workplace – the behavior of institutional leaders can become a powerful force in how the victim fares.

From Susan Fowler’s poor treatment by Uber’s human resources department to the silence of non-abusive men in Harvey Weinstein’s orbit, our most powerful institutions often act without courage.

Over 25 years, my students and others have amassed a substantial body of empirical work revealing the real psychological and physical harm that institutions can do to those they betray.

However, if institutions want to do the hard work, they can help victims and prevent violence in the first place – by choosing courage instead of betrayal.

How betrayal harms health

My colleagues and I first introduced the term institutional betrayal in 2007, and have since explored it further, including in a book, “Blind to Betrayal.”

Institutional betrayal is harm an institution does to those who depend upon it. This betrayal can take the form of overt policies or behaviors, such as discriminatory rules or genocide.

Harm can also mean failing to do that what is reasonably expected of the institution, such as not providing relief to disaster victims or failing to respond effectively to sexual violence. For instance, some victims of assault are punished or even demoted or fired for reporting the assault to their institution.

In our studies, we found that more than 40 percent of college student participants who were sexually victimized in an institutional context did also report experiences of institutional betrayal.

These power ratios between harasser and victim can be quite significant, depending on the victim’s status. While the medical resident’s issues in our first example are deeply troubling, she may have more leverage to seek justice than a hotel or restaurant worker who is the daily and unrelenting target of harassment.

My work with clinical psychologist Carly Smith at Penn State shows that institutional betrayal can cause both emotional and physical health problems, even for those who have experienced similar levels of trauma from interpersonal betrayal.

One study found that institutional betrayal exacerbates symptoms associated with sexual trauma, such as anxiety, dissociation and sexual problems.

Other researchers have found similar effects. For instance, military sexual trauma survivors who have also experienced institutional betrayal have higher rates of PTSD symptoms and depression than those who have not experienced it. Perhaps most alarming, the survivors with institutional betrayal experiences had higher odds of attempting suicide.

In another study, we discovered that institutional betrayal is associated with physical health problems, such as headaches, sleep problems and shortness of breath.

Institutional courage

What can we do to prevent and address institutional betrayal? The antidote is something my colleagues and I call “institutional courage.”

The details of institutional courage depend to some extent on the type of institution involved, but there are 10 general principles that can apply across most institutions.

1. Comply with criminal laws and civil rights codes.

Go beyond mere compliance. Avoid a check-box approach by stretching beyond minimal standards of compliance and reach for excellence in non-violence and equity.

2. Respond sensitively to victim disclosures.

Avoid cruel responses that blame and attack the victim. Even well-meaning responses can be harmful by, for instance, taking control away from the victim or by minimizing the harm. Better listening skills can also help institutions respond sensitively.

3. Bear witness, be accountable and apologize.

Create ways for individuals to discuss what happened to them. This includes being accountable for mistakes and apologizing when appropriate.

4. Cherish the whistleblower.

Those who raise uncomfortable truths are potentially the best friends of an institution. Once people in power have been notified about a problem, they can take steps to correct it. Encourage whistleblowing through incentives like awards and salary boosts.

5. Engage in a self-study.

Institutions should make a regular practice of asking themselves if they are promoting institutional betrayal. Focus groups and committees charged with regular monitoring can make all the difference.

6. Conduct anonymous surveys.

Well-done anonymous surveys are a powerful tool for disrupting institutional betrayal. Employ experts in sexual violence measurement, use the best techniques to get meaningful data, provide a summary of the results and talk openly about the findings. This will inspire trust and repair.

We developed a tool called the Institutional Betrayal Questionnaire. First published in 2013, the questionnaire probes a company’s employer-employee work environment to assess vulnerability to potential problems, the ease or difficulty of reporting such issues and how complaints are processed and handled.

7. Make sure leadership is educated about research on sexual violence and related trauma.

Teach about concepts and research on sexual violence and institutional betrayal. Use the research to create policies that prevent further harm to victims of harassment and assault.

8. Be transparent about data and policy.

Sexual violence thrives in secrecy. While privacy for individuals must be respected, aggregate data, policies and processes should be open to public input and scrutiny.

9. Use the power of your company to address the societal problem.

For instance, if you’re at a research or educational institution, then produce and disseminate knowledge about sexual violence. If you are in the entertainment industry, make documentaries and films. Find a way to use your product to help end sexual violence.

10. Commit resources to steps 1 through 9.

The ConversationGood intentions are a good starting place, but staff, money and time need to be dedicated to make this happen. As Joe Biden once said: “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.”

Jennifer J. Freyd, Professor of Psychology, University of Oregon

This article was originally published on The Conversation. Read the original article.

#

We’re looking at you @StateDept!  The  Institutional Betrayal Questionnaire (IBQ) and the Institutional Betrayal and Support Questionnaire (IBSQ) are both available through Creative Commons.

 

Diplomatic Security Agent Charged With Five Counts of Sexual Assault Over Four Years in Wisconsin

Posted: 3:11 am  ET

 

Diplomatic Security agent David S. Scharlat was charged on March 31 with five counts of felony sexual assault, ranging from first to third degree, in Waukesha County Circuit Court in Wisconsin. According to the Journal Sentinel, Scharlat’s attorney, Paul Bucher, said the allegations “were old, including some that had been dismissed at an earlier civil court hearing, and his client believes the alleged actions were consensual.”

Scharlat is an agent with the U.S. Department of State Diplomatic Security Services. On Friday, a spokesperson for the State Department could not comment on his employment status or the investigation.

In a 2012 federal court filing, Scharlat said he was assigned to the Chicago Field Office and had been with the agency for about 11 years.

Wisconsin Circuit Court records indicate case 2017CV001949 was filed against Scharlat on November 6, 2017:  Waukesha County Case Number Party Sealed by Judge Bugenhagen vs. David Scot Scharlat “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

Case 2017CV001998 was filed on November 13, 2017 for “Domestic Abuse-Temp Rest Order.” Court record for the November 20, 2017 injunction hearing says:

Petitioner in court. Petitioner in court with Attorney Rebecca M Coffee. Respondent David S Scharlat in court. Attorney Paul E Bucher in court for Respondent David S Scharlat. Atty. Coffee requests to proceed on both case 17CV1998 and 17CV1949. Atty. Bucher objects to proceeding on both filings. Court stated they will proceed on both case but the definition of domestic abuse and harassment to defer. Atty. Bucher moves to dismiss both cases. Court denies the Motion to Dismiss. H.W., sworn in and testified. Atty. Bucher requests all witnesses be sequestered. Court orders all witnesses be seated in the hallway. Court continues case for criminal case to proceed. Injunction hearing scheduled for April 30, 2018 at 10:00 am.

Case 2018CF000482 was filed on March 30, 2018 charging Scharlat with Count 1 3rd Degree Sexual Assault; Count 2 1st Degree Sexual Assault/Great Bodily Harm; Count 3-5 2nd Degree Sexual Assault/Use of Force. Initial appearance is scheduled for April 11, 2018 at 1:15 pm. The Court record notes that “This case has not been concluded. Unless a judgment of conviction is entered, the defendant is presumed innocent of all charges.”

The criminal complaint includes three victims, identified as HLW, MRH and CKT with charges filed “upon a review of the investigative reports of Detective Paula Hoffa, Village of Hartland Police Department, Detective Sergeant Gwen Bruckner of the Town of Brookfield Police Department, and Lieutenant Detective Kristen Wraalstad and Officer of the Town of Oconomowoc Police Department.”

According to the complaint, “Officers made contact with Scharlat about the incident on October 20, 2017 at HLW’s residence and he advised officers that although he had been with HLW at her residence on that evening, he had not had intercourse with her at her residence.” The complaint also says that “The fitted sheet from HLW’s bed from the night of October 20, 2017 was submitted to the State Crime Lab for testing. The results from the DNA testing of the sheet showed that Scharlat’s semen was present, consistent with HLW’s statement.”

Under Count 2,  complaint says that “When questioned about HLW’s level of intoxication and her incapacity/inability to give consent, he stated when they got home from the bar, HLW was not incapacitated but did have trouble walking.”

Under Count 3 and 4, complaint says “On Monday, February 26, 2018 officers had contact with MRH 08/01/1967 who, in a statement deemed to be reliable inasmuch as she is a common, ordinary citizen witness indicates that she had been sexually assaulted by David Scharlat on two occasions.”

Under Count 5, complaint says “Officers had contact with CKT, DOB 03/12/1970 to whom they explained they were investigating an incident that they believed may have some connection to an incident involving her. In a statement deemed to truthful and reliable inasmuch as she is a common, ordinary citizen witness in this case, CKT advised that her rapist and stalker was Scharlat.”

We’ve requested comments from DS/Public Affairs about this case but so far have heard only crickets.

#

 

What’s the difference between sexual abuse, sexual assault, sexual harassment and rape?

Sarah L. Cook, Georgia State University; Lilia M. Cortina, University of Michigan, and Mary P. Koss, University of Arizona

 

The terms “sexual abuse,” “sexual assault,” “sexual harassment” – and even “rape” – crop up daily in the news. We are likely to see these terms more as the #MeToo movement continues.

Many people want to understand these behaviors and work to prevent them. It helps if we are consistent and as precise as possible when we use these terms.

But what does each term mean?

We are three scholars who have specialized in the scientific study of sexual abuse, rape, sexual assault and sexual harassment over several decades. Let’s start by defining each of these terms. Then, we can look at how these behaviors sometimes overlap.

Sexual abuse

The term that has been in the news most recently with reference to sports doctor Larry Nassar’s trial is sexual abuse, a form of mistreating children. Sexual abuse is mainly used to describe behavior toward children, not adults.

All 50 states have laws that recognize that children are not capable of giving informed consent to any sex act. In the United States, the age at which consent can be given ranges from 16 to 18 years.

Sexual abuse can include many different things, from touching a victim in a sexual manner to forcing a victim to touch the perpetrator in a sexual way to making a victim look at sexual body parts or watch sexual activity. Sexual abuse of a child is a criminal act.

Rape

In 2012, the FBI issued a revised definition of rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The revised law is gender neutral, meaning that anyone can be a victim.

When carefully examined, the FBI definition does not look like most people’s idea of rape – typically perpetrated by a stranger through force. The FBI definition says nothing about the relationship between the victim and the perpetrator and it says nothing about force. It does, however, say something about consent, or rather, the lack of it. Think about consent as your ability to make a decision about what happens to your body.

A perpetrator can compel a victim into a penetrative sex act in multiple ways. A perpetrator can ignore verbal resistance – like saying “no,” “stop” or “I don’t want to” – or overpower physical resistance by holding a person down so they cannot move. A person can penetrate a victim who is incapable of giving consent because he or she is drunk, unconscious, asleep, or mentally or physically incapacitated; or can threaten or use physical force or a weapon against a person. Essentially, these methods either ignore or remove the person’s ability to make an autonomous decision about what happens to their body. State laws vary in how they define removing or ignoring consent.

Perpetrators can’t defend against charges of rape by claiming they were drunk themselves or by saying they are married to the victim.

Sexual assault

Rape and sexual assault have been used interchangeably in coverage of events leading to the #MeToo movement, and this practice, though unintentional, is confusing. In contrast to the specific criminal act of rape, the term sexual assault can describe a range of criminal acts that are sexual in nature, from unwanted touching and kissing, to rubbing, groping or forcing the victim to touch the perpetrator in sexual ways. But sexual assault overlaps with rape because the term includes rape.

Social and behavioral scientists often use the term “sexual violence.” This term is far more broad than sexual assault. It include acts that are not codified in law as criminal but are harmful and traumatic. Sexual violence includes using false promises, insistent pressure, abusive comments or reputational threats to coerce sex acts. It can encompass noncontact acts like catcalls and whistles, which can make women feel objectified and victimized. It includes nonconsensual electronic sharing of explicit images, exposure of genitals and surreptitious viewing of others naked or during sex.

Sexual harassment

Sexual harassment is a much broader term than sexual assault, encompassing three categories of impermissible behavior.

One is sexual coercion – legally termed “quid pro quo harassment” – referring to implicit or explicit attempts to make work conditions contingent upon sexual cooperation. The classic “sleep with me or you’re fired” scenario is a perfect example of sexual coercion. It is the most stereotypical form of sexual harassment, but also the rarest.

A second, and more common, form of sexual harassment is unwanted sexual attention: unwanted touching, hugging, stroking, kissing, relentless pressure for dates or sexual behavior. Note that romantic and sexual overtures come in many varieties at work, not all of them harassing. To constitute unlawful sexual harassment, the sexual advances must be unwelcome and unpleasant to the recipient. They must be “sufficiently severe or pervasive” to “create an abusive working environment,” according to the U.S. Supreme Court.

Unwanted sexual attention can include sexual assault and even rape. If an employer were to forcibly kiss and grope a receptionist without her consent, this would be an example of both unwanted sexual attention and sexual assault – both a civil offense and a crime.

Most sexual harassment, however, entails no sexual advance. This third and most common manifestation is gender harassment: conduct that disparages people based on gender, but implies no sexual interest. Gender harassment can include crude sexual terms and images, for example, degrading comments about bodies or sexual activities, graffiti calling women “cunts” or men “pussies.” More often than not, though, it is purely sexist, such as contemptuous remarks about women being ill-suited for leadership or men having no place in childcare. Such actions constitute “sexual” harassment because they are sex-based, not because they involve sexuality.

Come-ons, put-downs: They’re both bad

In lay terms, sexual coercion and unwanted sexual attention are come-ons, whereas gender harassment is a put-down. Still, they are all forms of sexual harassment and can all violate law, including Title VII of the Civil Rights Act of 1964.

Historically, social attitudes towards all these hostile actions have assumed a continuum of severity. Sexist graffiti and insults are offensive, but no big deal, right? Verbal sexual overtures cannot be as bad as physical ones. And, if there was no penetration, it can’t have been all that bad.

These assumptions do not hold up to scientific scrutiny, however. For example, researchers at the University of Melbourne analyzed data from 73,877 working women. They found that experiences of gender harassment, sexist discrimination and the like are more corrosive to work and well-being, compared to encounters with unwanted sexual attention and sexual coercion.

We have tried to clarify terms that are now becoming household words. Of course, life is complicated. Abusive, assaulting or harassing behavior cannot always be neatly divided into one category or another – sometimes it belongs in more than one. Nevertheless, it is important to use terms in accurate ways to promote the public’s understanding. The Conversation

Finally, we take heed that society is in a period like no other and one we thought we would never see. People are reflecting on, and talking about, and considering and reconsidering their experiences and their behavior. Definitions, criminal and otherwise, change with social standards. This time next year, we may be writing a new column.

Sarah L. Cook, Professor & Associate Dean, Georgia State University; Lilia M. Cortina, Professor of Psychology, Women’s Studies, and Management & Organizations, University of Michigan, and Mary P. Koss, Regents’ Professor of Public Health, University of Arizona

This article was originally published on The Conversation. Read the original article.

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In related news — harassment at the State Department affects not just FSOs, not just Foreign Service employees, but also Civil Service employees, and contractors (remember the Female Contractor at DS Training Center who was reportedly fired 3 hours after filing a harassment complaint?) Click here for our prior posts on sexual harassment, and here for our posts on sexual assaults and rape.

And, the long rumored FP piece is finally out.

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Senators Seek Review/Analysis of @StateDept and @USAID Sexual Harassment and Assault Data

Posted: 2:29 am ET

 

U.S. Senators Ben Cardin (D-Md.), Ranking Member of the Senate Foreign Relations Committee, and Jeanne Shaheen (D-N.H.), Ranking Member of the SFRC Subcommittee on State Department and USAID Management, led the Committee’s Democrats in a letter to Secretary of State Rex Tillerson and USAID Administrator Mark Green on January 17, requesting a review and analysis of data to better understand the scope of sexual harassment and assault issues at the Department and Agency, in order to consider appropriate policy changes to address the problems.

ABOUT TIME.

Note that back in September 2016,  this blog wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. We were also interested in overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. We did not ask for names, only numbers. We simply asked for an accounting of sexual assault reports since the invasion of Iraq in 2003 to the present, and the worldwide number of reports spanning over 280 overseas posts in the last 10 years. We were sure the data must be available somewhere. How could it not?

This was the State Department’s official response at that time:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

That remains a shocking response.

Without looking at their data by location and offense, or for that matter by individuals accused, how is the State Department to know when there are serial offenders in its ranks? (See The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief).

In its 4th Quarter 2017 report for period ending September 30, 2017, the Office of Civil Rights (S/OCR) does have some information on Equal Employment Opportunity Data required by the No Fear Act.  The public report indicates that reprisal is the number one complaint by basis in FY2017.  Non-sexual harassment went from 72 complaints in 2016 to 103 at the end of FY2017. The comparative report notes 3 complaints of sexual harassment in 2016 and 6 complaints at end of FY2017.

The average number of days in investigation? 207.17 days.

Total Findings of Discrimination after a hearing for sexual harassment? Zero. In 2012.

Also zero in 2013, in 2014, in 2015, in 2016, and through the end of FY2017. Zero.

Apparently, S/OCR does not also count cases reversed by the EEOC like that 2016 case where S/OCR did not find sexual harassment but where the EEOC decided that the complainant was indeed subjected to sexual harassment and ordered the State Department to take remedial actions (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).

S/OCR was recently a presenter in a State Department Q&A session “Should I Report That? How (and when) to Report Workplace Conflict, Harassment & Bias in the Department”.

To read more about our previous posts on sexual assault, click here; for sexual harassment, click here.

Below is the text of the letter to Secretary Tillerson and USAID Administrator Mark Green:

We write to draw to your attention the November 28, 2017 letter signed by over 200 national security professionals who have served, often with distinction, in the State Department, the intelligence community, USAID, and the Pentagon about their experiences of (or serving as witnesses to) incidents of sexual harassment or sexual assault inside our national security bureaucracies.

This letter speaks to what we believe remains a critical issue that too many of our national security institutions have been too slow to address: sexual assault and harassment and its effects on the professionalism and effective functioning of those institutions. These incidents and the pervasive culture that all too frequently excuses these behaviors and actions have had serious and detrimental consequences for the careers and lives of those affected – and by depriving the United States of the service of some of our best and brightest, a deep and negative effect on our national security.

To better address this issue, we would urge you to provide the Foreign Relations Committee a review of your current methods for data collection, oversight, reporting structure, victim protections, analysis and anti-sexual harassment training, including employee feedback on these mechanisms and how they are being implemented. In our oversight capacity, we hope to work with you, to review and analyze the data to better understand the scope of the problem we confront as we consider appropriate policy changes to address it.

The November 28 letter contends that training is all too often “erratic” and “irregular,” and that policies often go unnoticed among staff. In our experiences serving on the oversight committee with responsibilities for the Department of State and USAID we concur with this contention. We would urge that you pay special attention to whether anti-harassment training is adequate, how it is implemented, and how it is enforced, in your respective reviews. We also urge you to examine your procedures for disciplinary actions to ensure that those who demonstrate improper behavior are held accountable for their actions.

The letter also calls for a number of reforms including a clear indication that national security leadership will not tolerate certain behavior, ensuring the full accessibility and functioning of “multiple, clear, private” channels to report abuse without fear of retribution, and ensuring sufficiently regular, mandatory, and instructive training for employees and contractors. We would be interested in your thoughts and comments on these potential areas for reform.

We also urge that you each take the opportunity to work with us to determine what additional resources are necessary to ensure that each report and allegation receives proper attention, that your offices are collecting all the relevant data, that cases are addressed in a timely and confidential fashion, and that training is fully implemented across the State and USAID workforce.

At a moment in our country when we are being reminded anew of the scope and challenge of sexual harassment in the workplace, we are rededicating ourselves here in the Senate to addressing this issue in our own ranks. The Legislative branch faces similar challenges and that while we work to address them, we expect the same from executive branch agencies. For our part, in addition to exploring appropriate oversight and legislative action to ensure that you have the resources and focus that you need to address these issues, we also intend to place additional emphasis on these issues in the confirmation process. We intend to ensure that nominees live up to the highest standards of behavior, and will seek commitments regarding how they intend to address sexual harassment and assault if they are confirmed.

Lastly, we note that the abuses, harassment and assaults noted in the November 28 letter are enabled by an environment in which the diversity of our nation – one of our “secret weapons” and competitive advantages as a nation – is not reflected in the national security workforce. This is especially true at the senior levels. At the State Department, for example, women and men enter the Foreign Service in roughly comparable numbers, but only about one-third of our senior Foreign Service Officers are women. Although women comprise a majority of the Civil Service, the Senior Executive Service remains 61% male and 89% white. Similarly disturbing trends come to light when analyzing the salaries, bonuses and expectations of workplace behavior amongst men and women working in national security roles. We still have a long way to go on gender equality in the national security workforce, and encourage you to share with us as well your vision for how you plan to address deficiencies in recruitment, retention and promotion to assure that your national security workforce is equitably balanced.

The members of our national security workforce should not be forced to spend their time and energy combatting harassment and a culture of tolerance for disrespectful behavior. Rather, they should be free to focus on what they do best – working to keep our nation safe. And we know from numerous studies that a more diverse workforce leads to better outcomes. A 2015 McKinsey study found that a more diverse workforce is more successful through improved decision-making, leadership, and financial progress. We know that to be true in the private sector and we know that to be true for government as well.

Mindful that there are myriad challenges and opportunities to better address sexual harassment in the workplace we do not seek nor do we expect you to develop a cookie-cutter approach to these issues. Rather, we call on you to respect the dignity of each member of our national security workforce by ensuring an environment in which each individual is capable of fully contributing his or her talents to our national security, without obstruction.

The original text of letter is posted here.

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Who’s a Slacker in Policing Sexual Misconduct in Federal Agencies? Take a Guess

Posted: 1:26 am ET
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WaPo just did a piece on sexual misconduct in federal agencies, or the lack of consistent disciplinary practices across agencies based on the staff report by the House Oversight Government Report Committee (report embedded below).

Here’s a public request from WaPo’s Joe Davidson who writes the Federal Insider column:

Questions for Federal Insider readers: How pervasive is sexual harassment in the federal government? If you have been the target of sexual harassment, please tell us the circumstances, what form the harassment took, whether it was reported, what was done about it and whether the perpetrator was disciplined. We will use this information for a future column. In certain cases we can print your comments without identification. Please send your comments to joe.davidson@washpost.com with “sexual misconduct” in the subject line.

Here is an excerpt from the OGRC, a case study that is distinctly familiar:

The hearing examined patterns of sexual harassment and misconduct at the USDA, as well as the fear many employees had of retaliation for reporting these types of cases. It also addressed the agency’s response to harassment incidents and its efforts to improve.66

At the hearing, two women testified publicly about the harassment they personally experienced while on the job at the Forest Service and how the agency’s subsequent investigation and discipline failed to address those responsible. Witness Denice Rice testified about her experiences dealing with sexual harassment on the job when her division chief was allowed to retire before facing discipline, despite his history of misconduct.67 Further, the Forest Service re-hired this individual as a contractor and invited him to give a motivational speech to employees.68 In addition, witness Lesa Donnelly testified about her and others’ experiences with sexual misconduct at the Forest Service. Her testimony spoke about those who were too afraid to report harassment because they feared retaliation from the perpetrators.69

The report cites USAID and the State Department for having Tables of Penalties but although it cites USAID for having “differing Tables of Penalties for foreign service employees and other civilian employees primarily covered by Title 5, United States Code”, it says that the State Department’s Table is “used for foreign service employees only”.

The Foreign Affairs Manual actually spells out penalties for both Foreign Service and Civil Service employees.

3 FAM 4370 LIST OF OFFENSES SUBJECT TO DISCIPLINARY ACTION – FOREIGN SERVICE

24. Use of U.S. Government equipment for prohibited activities, including gambling, advertising for personal gain, or viewing, downloading, storing, transmitting, or copying materials that are sexually explicit, while on or off duty or on or off U.S. Government premises

50. Violation of laws, regulations, or policies relative to trafficking in persons and the procurement of commercial sex, any attempt to procure commercial sex, or the appearance of procuring commercial sex

51.  Sexual Assault (3 FAM 1700)

3 FAM 4540 LIST OF OFFENSES SUBJECT TO DISCIPLINARY ACTION – CIVIL SERVICE

24. Use of U.S. Government equipment for prohibited activities, including gambling, advertising for personal gain, or viewing, downloading, storing, or transmitting, or copying materials that are sexually explicit, while on duty.

48. Violation of laws, regulations, or policies relative to trafficking in persons and the procurement of commercial sex, any attempt to procure commercial sex, or the appearance of procuring of commercial sex

49. Sexual Assault (3 FAM 1700)

You will note by now that sexual harassment is not on these Tables of Penalties.  Both regs cited above have a section that says its Table of Penalties is not an all-inclusive list. The State Department says “It is impossible to list every possible punishable offense, and no attempt has been made to do this:” But it includes this:

#a. Employees are on notice that any violation of Department regulations could be deemed misconduct regardless of whether listed in 3 FAM 4540.  This table of penalties lists the most common types of employee misconduct.  Some offenses have been included mainly as a reminder that particular behavior is to be avoided, and in the case of certain type of offenses, like sexual assault, workplace violence, and discriminatory and sexual harassment, to understand the Department’s no-tolerance policy.

#b. All employees are on notice that misconduct toward, or exploitation of, those who are particularly vulnerable to the employee’s authority and control, e.g., subordinates, are considered to be particularly egregious and will not be tolerated.

The State Department’s sexual harassment policy is here.  Also see  3 FAM 1520  NON-DISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, OR RELIGION updated last in December 2010.

For blogposts on sexual harassment click here; for sexual assaults, click here.

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Bureau of Diplomatic Security’s “Naughty List” — What’s That All About?

Posted: 3:48 am ET
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On August 8, we blogged about a woman who reported that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of the bureau’s field offices in the United States. The blogpost includes the State Department recently issued guidance on sexual assaults covering personnel and facilities in the United States (See A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?).

We have since been been told that if we keep digging, we will “find much more” and that we should be looking for the “Naughty List” also known as the Adverse Action list.

When we asked what kind of numbers we’re talking about, we were informed that “the numbers are enough to say this is a systemic issue within the department.”  In the course of looking into this one case, we discovered a second case similar to the one we blogged about last week.  But the allegation was related to a different employee.

We’ve asked Diplomatic Security about the List but to-date we have not heard anything back.  We have two sources who confirmed the existence of the list.

What is the “Naught List”?

The list is formally called the Adverse Action list. We understand that this is a list of Diplomatic Security employees who are under investigation or declared “unfit for duty“.  Among the allegations we’ve got so far:

  • Investigations where agents were not disciplined but suspected of similar offenses
  • Investigations that languished on somebody’s desk for a decision
  • Agents curtail from post due to their “inappropriate behavior” and then just get reassigned somewhere else to become someone else’s problem (or nightmare if you are the victim).
  • Most agents are sent back to work with a slap on the wrist, regardless of how egregious the allegation against them were.
  • That this blog is only aware of two cases while “there are many more than that that exists.”
  • The system is highly flawed when you have coworkers/buddies investigating you.
  • That the Sexual Assault Policy is all smoke and mirrors without a mechanism to ensure the alleged perpetrator does not reoffend by discipline, removal, or treatment once its been established that the allegation has merit.

We’ve seen this movie before, haven’t we?

In October 2014, State/OIG published its Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security.  That report includes a case where the OIG found an appearance of undue influence and favoritism concerning a DS Regional Security Officer (RSO) posted overseas, who, in 2011, allegedly engaged in sexual misconduct and harassment.  DS commenced an internal investigation of those allegations in September 2011.  The report notes that at the time the investigation began, the RSO already had a long history of similar misconduct allegations dating back 10 years at seven other posts where he worked.

The report also notes that “notwithstanding the serious nature of the alleged misconduct, the Department never attempted to remove the RSO from Department work environments where the RSO could potentially harm other employees, an option available under the FAM.”  The OIG reports that in November 2013, based on evidence collected by DS and the Department’s Office of Civil Rights, the Department commenced termination of employment proceedings against the RSO. The RSO’s employment in the Department did not end until mid-2014, approximately 3 years after DS initially learned of the 2011 allegations.

Now three years after that employee’s departure, and six years after that 2011 allegations, here we are once again. Similar cases, different characters.

The questions we’ve been asked

Of which we have no answer — but we’re hoping that Diplomatic Security or the State Department would be asked by congressional overseers — are as follows:

√ Why would DS want to keep an agent or agents on that reflects so poorly on the Agency? Does DS not find this to be a liability?

√ Is Diplomatic Security (DS) prepared to deal with the aftermath if this agent continues to commit the same offenses that he has allegedly been accused of, especially if there is a track record for this agent?

√ There is an internal group that meets monthly to discuss these cases; they include representatives from at least six offices across bureaus, so what happened to these cases? Why are these actions tolerated?

√ If DS is so proactive based on its new Sexual Assault Policy, why are they not seeking a quicker timeline from investigation to discipline, to demonstrate to alleged victims that the agency does indeed take these allegations seriously?

We have to add a few questions of our own. Why do DS agents continue to investigate misconduct of other DS agents that they will likely serve with in the future, or that they may rely on for future assignments?

According to the Spring 2017 Report to Congress, the Bureau of Diplomatic Security (DS) has limited and continues to limit OIG’s permanent worldwide access to specific DS systems that OIG requires to conduct its oversight activities. Why? (see @StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days).

What are we going to see when we (or other reporters) FOIA this “Naughty List”?

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A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

Posted: 2:26 am ET
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We recently received information from an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States.  She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

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On the subject of sexual assaults, on July 27, 2017, the State Department issued a new Foreign Affairs Manual subchapter 3 FAM 1750 on sexual assaults involving personnel and facilities in the United States. (For sexual assault involving chief-of-mission personnel and facilities outside of the United States see 3 FAM 1710).

3 FAM 1750:  “… The Department of State is determined to do all it can to prevent sexual assault from being committed by, or against, its personnel and it is committed to effectively and sensitively responding to personnel who have been sexually assaulted, ensuring that they are treated with care and respect.  The policies and procedures in this section define the Department’s goals of effectively preventing and addressing sexual assaults; the actions it will take in response to allegations of sexual assault; and the approach it will use in holding those Department personnel who commit sexual assault accountable for their actions.  The language used in this FAM, by necessity, must be technical, comport with and relate to relevant laws, and be administratively sound.  That said, the legal terminology, including the term “victim,” contained herein should not eclipse the compassion and urgency that underlie the Department’s commitment to this issue.”

The new regs notes that “sexual assaults that occur within the United States generally fall under the jurisdiction of the State or locality where the assault occurred.  Personnel who are victims of sexual assault are not under any obligation to report the assault to the Department.”

This new policy applies to:

(1)  All Department employees in the United States;

(2)  Persons under personal-services contracts (PSCs) or personal-services agreements (PSAs) in the United States;

(3)  Other individuals, such as third-party contractors, student volunteers (interns) and nonemployee fellows, and other personnel (e.g., subcontractors) in the United States who provide services to the State Department when the allegation involves conduct that occurs on duty, or is associated with the individual’s position within the Department; and

(4)  Any sexual assault that occurs at any Department facility within the United States.

The victims described above may also reach out to:

(a)  Diplomatic Security’s Office of Special Investigations (DS/DO/OSI) via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov.  The DS/DO/OSI duty agents are available 24 hours a day, 7 days a week;

(b)  Employee Consultation Services (ECS) by email:  MEDECS@state.gov or by telephone at 703-812-2257; and

(c)  A sexual-assault crisis center.

The regs says that “personnel who are victims of sexual assault are not/not under any obligation to report the assault to the Department.”  The Department, however, “strongly encourages” anyone who knows or suspects or is aware of a sexual assault covered by 3 FAM 1750 to immediately report allegations of sexual assault to:

(1)  DS/DO/OSI via email DS-OSIDutyAgent@state.gov or via phone through the DS Command Center at 571-345-3146; or

(2)  S/OCR or via phone at 202-647-9295 (WHY?)

(3)  MED personnel will not share protected health information except in accordance with the Notice of Privacy Practices or with the written consent of the patient.  Individuals may obtain a copy of the MED Notice of Privacy Practices from the health unit or MED intranet page.

(4) Except as required by law, non-MED personnel will only disclose information about sexual assaults to other Department officers and employees on a need-to-know basis, including to the Office of Inspector General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local agencies, in accordance with the Privacy Act.

3 FAM 1750 says that Department personnel detailed to another agency may reach out to the Washington, DC-based Bureau of Medical Services (MED) duty officer at 202-262-9013 or through the Operations Center at 202-647-1512 for medical guidance, and to DS/DO/OSI for law enforcement guidance.

A few thoughts on this:

#1.  We understand the caveats on information sharing with medical, and non-medical personnel included in this subchapter  but we don’t think this is enough to assuage the privacy concerns of victims.

#2. DOD has restricted (confidential) and unrestricted reporting for victims. That means the adult sexual assault victim can access healthcare, advocacy services, and legal services without triggering notification to command or law enforcement (restricted). Under Unrestricted Reporting, both the command and law enforcement are notified. Even then, fewer than 1 in 5 victims openly reported their sexual assault. 3,678 service members reported the incident to law enforcement, out of a total 20,000 survivors.

#3. S/OCR handles equal employment opportunity issues including sexual harassment, why should sexual assault victims report sexual assault or sexual assault allegations there? 3 FAM 1711.2 defines sexual assault as any type of sexual contact that occurs without the explicit consent of the recipient.It also says that sexual assault is a form of sexual harassment. Sexual assault is a crime, it cannot be resolved through mediation, grievance, or the EEO processes. Also does anyone know how many people at S/OCR are trained to actually handle sexual assault cases?

The U.S. Marines publication make the distinction between sexual harassment and sexual assault here (PDF). It defines sexual harassment as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature. It defines sexual assault as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority or when a victim cannot or does not consent.  And this one is important, “A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent.”  

The U.S. Coast Guard says that the real distinction between sexual harassment and sexual assault is sexual harassment’s connection to the victim’s employment and/or work performance, which is why sexual harassment is a civil rights issue. It points out that sexual assault is a crime against another person. However, unlike sexual harassment, it has nothing to do with their employment and/or work performance, it is a criminal assault, of a sexual nature, against another person.

The State Department guidance does not/not make such distinctions.

#4.  States all address the crime of sexual assault, with some adding specific categories of victims, defenses, and penalties. See more here: http://statelaws.findlaw.com/criminal-laws/sexual-assault.html.

RAINN also has a search tool for independent sexual assault service providers, including National Sexual Assault Hotline affiliate organizations and other local providers here.

 

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