Posted by CaptainNemo1138:
"And I simply must ask what is so amusing about a woman being raped and then shoved into a shipping container?"
This case was never as cut and dry as you make it sound.
To begin, I suppose I must point out that rape is a terrible crime and no woman victimized by this crime should ever be denied due recourse. Perpetrators of this crime should be held accountable. That said, the information provided so far is incomplete, and what follows is provided to address that gap.
1. Opposition to the original Franken Amendment by Republican Senators was not a vote in favor of KBR gang rapists. You did not make this claim, but this claim has been made. Senator Sessions did voice his concern with the amendment.
Quote:
“On the Senate floor, Sen. Jeff Sessions (R-AL) spoke against the amendment, calling it "a political attack directed at Halliburton." Franken responded, "
This amendment does not single out a single contractor. This amendment would defund any contractor that refuses to give a victim of rape their day in court."
In the end, Franken won the debate. His amendment passed by a 68-30 vote, earning the support of 10 Republican senators including that of newly-minted Florida Sen. George LeMieux. "He did what a senator should do, which was he was working it," LeMieux said in praise of Franken. "He was working for his amendment."
End Quote. Link:
http://www.topix.com/forum/city/welc...FBNII6CKRVQ33M
The same quote can be found here:
http://thinkprogress.org/2009/10/07/...ken-amendment/
However, bring up the actual amendment, and you find the following.
Quote:
Statement of Purpose: To prohibit the use of funds
for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims.
End Quote. Link:
http://senate.gov/legislative/LIS/ro...n=1&vote=00308
Halliburton is specifically named, in contrast to Franken’s claim to the contrary.
2. Halliburton and KBR and not the same entity.
KBR was a formerly a subsidiary of Halliburton, which acquired Brown & Root in December of 1962 and merged it with Kellogg in 1998. In April of 2007 Halliburton announced that it had broken ties with KBR and began to sell its stock in KBR on the New York Stock Exchange.
Source:
http://en.wikipedia.org/wiki/KBR_(company)
Jones original claim originated in 2005, when KBR was a subsidiary of Halliburton, but none of the articles cited or found via search claimed that the employees, or “John Doe rapist”, in question worked for Halliburton. Jones herself worked for KBR, and not Halliburton. All of the allegations were targeted at KBR. In comparison, New Line Cinema is a subsidiary of Time Warner. If an employee at New Line Cinema is raped by employees at New Line Cinema, is Time Warner to blame, or justifiably targeted with legislation prohibiting how it operates? This is not a defense of Halliburton concerning any other issue which people may have with Halliburton, it is rather a legitimate question.
3. Details of the case.
Jones filed her arbitration complaint in February of 2006. At that time the complaint stated she “was placed in an all-male dorm for living arrangements, and a co-worker sexually assaulted her.” The EEOC credited the allegation of sexual assault.
Fifteen months later the allegations were amended to include charges of gang-rape and placement in a container. The EEOC found that KBR “provided immediate medical treatment and safety and shipped her home immediately.”
Jones lawyer filed his brief against not only KBR, but against Halliburton and the United States of America. It may be standard practice to name not only the primary defendant but all affiliated companies and the parent company in a lawsuit, but given the venom associated with the name Halliburton, this does raise an eyebrow or two. KBR apparently wanted to transfer the venue for hearing the case to Houston, and her lawyer disagreed.
Link:
http://docs.justia.com/cases/federal...295/103217/22/
Halliburton, as a named defendant, did attempt to keep the case in arbitration. But note that arbitration does not preclude a court case, only that arbitration occur first.
Source:
http://static.uspirg.org/consumer/ar..._of_gangr.html
This was utilized by many on various blogs to make the claim that Halliburton and company were attempting to “cover up” the entire affair. But according to an ABC news story filed in December of 2007, Jones was interviewed by 20/20.
Quote:
“"It felt like prison," says Jones, who told her story to ABC News as part of an upcoming "20/20" investigation. "I was upset; I was curled up in a ball on the bed; I just could not believe what had happened."
End Quote. Link:
Victim: Gang-Rape Cover-Up by U.S., Halliburton/KBR - ABC News
Halliburton, as a named defendant, was apparently trying to protect its arbitration clause, and not “cover up” the story.
4. The EEOC did back up her claims of sexual assault, but not her entire story.
Here is a link to Jones’ testimony to the House Judiciary Subcommittee on Crime, Terrorisn and Homeland Security, as presented on December 19th or 2007.
Link:
http://www.halliburtonwatch.org/reports/Jones071219.pdf
Note the follow up documents from the EEOC, which states:
“there were approximately 25 other females assigned to the same barracks as Ms. Jones.”
And that:
“respondent provided medical assistance, placed her in a secure location, and transported her back to the United States.”
As previously stated, the EEOC did maintain that a sexual assault had taken place, and that the investigation was “inadequate”.
5. The Military Extraterritorial Jurisdiction Act of 2000
As sated previously, arbitration does not preclude a court case, only that arbitration occur first. In addition, cases like this are already covered by the above named act, which states:
Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States.
Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—
‘‘(1) while employed by or accompanying the Armed Forces outside the United States; or
‘‘(2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice), shall be punished as provided for that offense.
Source:
http://www.pubklaw.com/hi/pl106-523.pdf
Jones would have had recourse in response to the sexual assault regardless of whether she went to arbitration or not. No-one denies that some sexual assault occurred, but as stated by the EEOC, her story contained inaccuracies and apparent false statements. Franken, however valid defense of rape victims may be, had more than one agenda in promoting this amendment. The assault occurred while KBR was a subsidiary of Halliburton, but the amendment was advanced after Halliburton had divested itself of KBR. But by specifically listing Halliburton in the amendment, Franken assures himself of a high profile moment, and the adulation of hoards of liberals who foam at the mouth anytime the name Halliburton is mentioned.