US: Limbo for U.S. Women Reporting Iraq Assaults

Publisher Name: 
The New York Times

WASHINGTON

- Mary Beth Kineston, an Ohio resident who went to Iraq
to drive trucks, thought she had endured the worst when her supply
convoy was ambushed in April 2004. After car bombs exploded and
insurgents began firing on the road between Baghdad and Balad, she and
other military contractors were saved only when Army Black Hawk
helicopters arrived.

But not long after the ambush, Ms. Kineston said, she was sexually
assaulted by another driver, who remained on the job, at least
temporarily, even after she reported the episode to KBR, the military
contractor that employed the drivers. Later, she said she was groped by
a second KBR worker. After complaining to the company about the threats
and harassments endured by female employees in Iraq, she was fired.

"I felt safer on the convoys with the Army than I ever did working
for KBR," said Ms. Kineston, who won a modest arbitration award against
KBR. "At least if you got in trouble on a convoy, you could radio the
Army and they would come and help you out. But when I complained to
KBR, they didn't do anything. I still have nightmares. They changed my
life forever, and they got away with it."

Ms. Kineston is among a number of American women who have reported
that they were sexually assaulted by co-workers while working as
contractors in Iraq but now find themselves in legal limbo, unable to
seek justice or even significant compensation.

Many of the same legal and logistical obstacles that have impeded
other types of investigations involving contractors in Iraq, like
shootings involving security guards for Blackwater Worldwide,
have made it difficult for the United States government to pursue
charges related to sexual offenses. The military justice system does
not apply to them, and the reach of other American laws on contractors
working in foreign war zones remains unclear five years after the
United States invasion of Iraq.

KBR and other companies, meanwhile, have required Iraq-bound
employees to agree to take personnel disputes to private arbitration
rather than sue the companies in American courts. The companies have
repeatedly challenged arbitration claims of sexual assault or
harassment brought by women who served in Iraq, raising fears among
some women about going public with their claims.

The issue gained national attention when Jamie Leigh Jones, a
23-year-old former employee of KBR, testified at a Congressional
hearing in December that she had been gang-raped by co-workers in Iraq
in 2005. She appeared again on Tuesday and talked in detail about the
episode, urging lawmakers to make it easier for crime victims to sue
employers.

"Victims of crime perpetrated by employees of taxpayer-funded
government contracts in Iraq deserve the same standard of treatment and
protection governed by the same laws whether they are working in the
U.S. or abroad," she said.

Since she spoke out publicly in December, other women have begun to step forward.

Ms. Jones and her lawyers said 38 women who worked as contractors in
Iraq, Kuwait and other countries had contacted her since she testified
to discuss their own experiences. Now, Congressional leaders are
seeking answers from the Pentagon, the State Department and other
agencies to try to determine the scope of the threats facing women who
are contractors.

Paul Brand, a Chicago psychologist who counsels contractors who have
served in Iraq, said the harassment of female workers by male
colleagues was common. "The extent of the harassment varies greatly
from contractor to contractor, depending on how diligently they screen
job candidates and management's willingness to encourage women to
report problems," he said. "In many instances, very little or nothing
is done."

Comprehensive statistics on sexual assaults in Iraq are unavailable
because no one in the government or the contracting industry is
tracking them. Court documents, interviews with those who were victims,
their lawyers and other professionals, along with the limited data made
available by the Bush administration, suggest a troubling trend.

The Criminal Investigation Command of the Army has reported that it
investigated 124 cases of sexual assault in Iraq over the last three
years. Those figures, provided to Senator Bill Nelson, the Florida
Democrat who has taken the lead in the Senate on the issue, include
cases involving both contractors and military personnel, but do not
include cases involving contractors or soldiers investigated by other
branches of the military.

The Bureau of Diplomatic Security of the State Department has
separately reported that it has investigated four cases of rape or
sexual assault involving female contractors, including Ms. Jones's
case. But the Pentagon has so far failed to respond to a request from
Mr. Nelson for more comprehensive data, including the number of rape
examinations done by military doctors in Iraq on behalf of female
contractors. What is more, the Bush administration has not offered to
develop a coordinated response to the problem, aides to Senator Nelson
and experts have said.

Heather Browne, a spokeswoman for KBR, said the company would
protect women working in Iraq. "KBR's commitment to the safety and
security of all employees is unwavering," she said in a statement. "One
instance of sexual harassment or assault is too many and unacceptable."
The company declined to say how many female employees had reported that
they were victims of sex crimes in Iraq.

The administration's decision to rely so heavily on outside
contractors - about 180,000 contractors work in Iraq, significantly
outnumbering United States military personnel in the country - probably
made it inevitable that contractor crime would emerge as a problem as
the war dragged on. KBR, by far the largest military contractor in
Iraq, says that it now has 2,383 women there, of a total work force of
54,170.

A shooting in Baghdad last September involving Blackwater guards
that left 17 Iraqis dead highlighted the lack of clarity in the laws
governing contractors. In cases involving sexual assault, for example,
soldiers and other military personnel can be prosecuted under the
military justice system, but that system does not apply to contractors.

Instead, a little-used law, the Military Extraterritorial
Jurisdiction Act, seems to be the closest statute that could apply to
contractors charged with rape, but its legal reach has been under wide
debate since the Blackwater shootings.

Women who worked as contractors in Iraq say that while on the job
they encountered sexual discrimination and harassment, which sometimes
veered dangerously to sexual assaults and even rapes.

Linda Lindsey, of Houston, who worked for KBR in Iraq from 2004
until early 2007, said that she often saw evidence of sexual harassment
or discrimination, and that male supervisors often tried to force
female employees to grant sexual favors in exchange for promotions or
other benefits.

She added that the company's management seemed unwilling to take
action to improve working conditions for women in Iraq. "We filed
complaints against one supervisor, and the complaints disappeared," Ms.
Lindsey said in an interview. "The impression you got was that they
really didn't want to hear it, because the money was coming in. Most of
it was bad management on-site."

Pamela Jones, of Texas, a KBR logistics coordinator in Kuwait in
2003 and 2004, was sexually assaulted by a supervisor. "It was known
that if you started complaining that you could lose your job," said Ms.
Jones, who added that she reported it to management. "They give you an
800 number to report. But then they shoved it under the rug, and they
told me I was a pest."

She later won an arbitration award from KBR, according to her Houston lawyer, Peter Costea.

Lawyers for women who have reported that they were raped or
assaulted while working in Iraq say that one of the biggest obstacles
they face is the arbitration requirement.

That means that women who say they were victimized have had great
difficulty taking KBR to court for failing to better protect its female
employees in Iraq.

KBR defended the arbitration process, saying it is fair. The fact
that Ms. Kineston and Pamela Jones won awards is an indication that the
system works, said Ms. Browne, the KBR spokeswoman.

Jamie Leigh Jones said she had been fighting to get her case out of
the arbitration process and into a federal court, and she testified
before a House committee on Tuesday in support of the need to change
the laws governing private arbitration. KBR says it "disputes Ms.
Jones's version of the incident she alleges."

After her Congressional testimony in December, she also testified
before a federal grand jury in Florida, which has begun a criminal
inquiry into her case more than two years after she first reported the
rape.

Her lawyer, Todd Kelly, says he believes that the government has
finally been prodded into action only because of the public attention
brought by her case. "Her case came out on television before they said
anything about a grand jury," he said.

AMP Section Name:War & Disaster Profiteering
  • 116 Human Rights
  • 176 War Profiteers Site
  • 210 Blackwater USA