Jamie Leigh Jones
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Jamie Leigh Jones is a former KBR employee who claims that seven KBR employees drugged and gang-raped her on July 28, 2005 at Camp Hope, Baghdad.[1][2][3] She has filed a lawsuit against the company and the employees.
She is the founder of the Jamie Leigh Foundation, an advocacy agency for victims of sexual assault.
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[edit] Incident
Jones is currently a member of the United States Armed Forces who began working for KBR as an administrative assistant in 2004 when she was 19, and started her contract of employment with Overseas Administrative Services, Ltd. in Houston, Texas on July 21, 2005.
In her initial civil complaint, Jones stated that she was forced into a sexual relationship with Eric Iler, her immediate supervisor, while working in Houston before July 2005. Later, she was transferred to Iraq. In the civil filing, Jones claims that this transfer was due to sexual harassment. Upon learning about Jones' transfer, Jones says that Iler first attempted to transfer himself to Iraq as her supervisor. When operations manager Frederick Heard assured Jones that Iler would not be transferred to her department, Jones claims that Iler wrote to William Tompkins, Jones' subsequent supervisor in Iraq, a bad reference in order to block her transfer.[4]
Jones alleges that on July 28, 2005, Charles Boartz, a contractor working at Camp Hope as a firefighter, and several of his co-workers offered her a drink containing a date rape drug, which she took two sips of. She alleges that Boartz and his co-workers then engaged in unprotected anal and vaginal gang-rape with her while she was unconscious. She identified Boartz on the basis of his personally confessing to her the following day, she says. According to Jones, Boartz and his co-workers inflicted severe injuries on her, including the following: (1) disfigurement of the chest, (2) bruised thighs, (3) bruised chest, (4) bleeding between legs.[5] Further, the lawsuit filed by Jones' attorneys cites the following: "When she awoke the next morning still affected by the drug, she found her body naked and severely bruised, with lacerations to her vagina and anus, blood running down her leg, her breast implants ruptured, and her pectoral muscles torn - which would later require reconstructive surgery. Upon walking to the rest room, she passed out again."[6] Jones' account was confirmed by U.S. Army physician Jodi Schultz.[7][8] Schultz gave the rape kit she used to gather evidence from Jones to KBR/Halliburton security forces, after which the rape kit disappeared for a while.[9]
Jones alleges that she was confined by armed guards to a shipping container containing only a bed, under the orders of her employer, KBR.[10] She says she was denied food, water, and medical treatment. After about one day, says Jones, a sympathetic guard gave her a cell phone and she called her father, Tom, who in turn contacted Representative Ted Poe (R, TX) who contacted the State Department. Agents were dispatched from the US Embassy in Baghdad and removed Jones from KBR custody.[11]
In May 2007, a State Department diplomat recovered the rape kit from Haliburton and KBR. However, notes and photographs taken by Schultz (of Jones the morning following her rape) were missing undermining any chances of bringing the case through the criminal courts.[12]
[edit] Involvement in civil lawsuit
In the complaint filed by Jones, her husband, and their attorneys, Boartz is the only named assailant of the incident.[13] On the morning following the rape, Boartz - who had allegedly been waiting in the bottom bunk of Jones' bed after she returned from the restroom to check on her severe injuries - admitted to Jones that he had had unprotected sex with her,she says.[14][15] However, Jones claims that due to unconsciousness, she is unable to identify the other rapists.[16][17]
[edit] Subsequent life
After returning to the United States, Jones has worked with the Equal Employment Opportunity Commission, Department of Justice, several attorneys, and State of Texas Workmen 's Compensation and the Assistant United States Attorney.[18]
She obtained an Associates of Art degree from North Harris College in 2007. Presently, Jones is pursuing a Bachelors of Criminal Justice, American Military University, to be completed in March 2008.
Jones met naval officer Joseph Kallan Daigle in 2005, and the two married in September 2006.[19]
[edit] Inaction by the United States Department of Justice
The United States Department of Justice (DOJ) has brought no criminal charges against the alleged assailants. Because of CPA Order 17, which limits the power of the Iraqi government to pursue legal action against foreigner contractors working in Iraq, it is possible that her assailants may not face any legal penalty for the alleged crime - at least by the Iraqi government itself.
However, Title 18, Part I, Chapter 1, § 7, of the United States Code, entitled "Special maritime and territorial jurisdiction of the United States defined," the United States has jurisdiction over the following:
- "(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States."[20][21][22]
Because CPA Order 17 provides limited immunity for U.S. contractors from the Iraqi government, this offense may be outside Iraqi government's jurisdiction. Therefore, Title 18, Part I, Chapter 1, § 7, paragraph 7, of the United States Code, would apply because Jones is a national of the United States.[23]
Further, on December 19, 2007, during the testimony of Jones, Congressman Robert Scott stated that the DOJ "can enforce with respect to contractors who commit crimes abroad, but it chooses not to."[24]
Moreover, Poe - a former judge - stated, in a recent interview, that the United States has jurisdiction over U.S. contractors in the following:
"Well, I agree with Brian that there is jurisdiction - that the United States government has jurisdiction of this case. As a former judge, I agree with him totally. The federal government needs to pursue it."[25]
[edit] Pending civil lawsuit
On May 16, 2007, Jones filed a civil lawsuit against KBR and former parent corporation Halliburton.[26] KBR has requested a private arbitration, and claims this is required by her employment contract.[27]
[edit] Testimony before Congress
On December 19, 2007, Jones testified before Congress about her experience of the incident.
In response to her testimony, Scott stated that 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."[28]
Further, the United States Department of Justice was subpoenaed to appear before Congress, but failed to do so. In response to the DOJ's failure to appear, Congressman John Conyers - chairman of the full House Judiciary Committee - said, "It is unacceptable for our own Department of Justice to refuse to testify today,"[29]
[edit] References
- ^ Jones, Et Al v. Halliburton Company et al Justia
- ^ Ex-Halliburton Worker in Iraq Sues for Rape, Harassment FindLaw
- ^ 'Live with Dan Abrams' for Dec. 10 MSNBC,
- ^ Even Before the Rape in Iraq: KBR Abuse of Jamie Leigh Jones Began Stateside
- ^ Jamie Leigh Jones - KBR Gang Rape MSNBC Dan Abrams Dec-17-07 YouTube
- ^ Jones, Et Al v. Halliburton Company et alJustia
- ^ Capitol Hill Hearing LexisNexis News
- ^ Jamie leigh Jones Testifies Before House Judiciary Committee YouTube
- ^ Lawmakers to investigate Iraq contract worker's rape claim CNN
- ^ More Women Report Sex Assaults in Iraq MSNBC[dead link]
- ^ Capitol Hill Hearing LexisNexis News[dead link]
- ^ Gang-raped then locked in van, Iraq worker says The Age
- ^ Jones, Et Al v. Halliburton Company et al Justia
- ^ Capitol Hill Hearing LexisNexis News
- ^ Jamie leigh Jones Testifies Before House Judiciary Committee YouTube
- ^ Capitol Hill Hearing LexisNexis News[dead link]
- ^ Iraq rape allegation gets congressional hearing CNN
- ^ The Raw Story | VIDEO: Jamie Leigh Jones takes her Halliburton gang rape account to the House Judiciary Committee
- ^ Halliburton Employee Finally Gets Attention for Rape Case
- ^ Special maritime and territorial jurisdiction of the United States defined U.S. Code collection of Cornell University Law School
- ^ State Dept Rescues American Woman From Halliburton In Iraq YouTube
- ^ 'Live with Dan Abrams' for Dec. 10 MSNBC,
- ^ 'Live with Dan Abrams' for Dec. 10 MSNBC,
- ^ Woman testifies she was raped by US contractors in Iraq Yahoo! News
- ^ 'Live with Dan Abrams' for Dec. 10 MSNBC,
- ^ Jones, Et Al v. Halliburton Company et al Justia
- ^ More Women Report Sex Assaults in Iraq MSNBC
- ^ Woman testifies she was raped by US contractors in Iraq Yahoo! News
- ^ More Women Report Sex Assaults in Iraq MSNBC[dead link]