Thursday, December 13, 2007

Rape and HDS

That's Halliburton Derangement Syndrome.

It's gotten to the point where I take any allegations made against certain targets with a truckload of salt. Too many people have expended too much of their credibility in throwing hysterical fits that turn out later to have little, if any, support.

Michelle Malkin has a link to comments at overlawyered.com regarding the rape allegations.

In February 2006, Jamie Leigh Jones filed an arbitration complaint, complaining that, for her administrative assistant job with KBR in Iraq, she was placed in an all-male dorm for living arrangements, and a co-worker sexually assaulted her. (KBR says the co-worker claimed the sex was consensual, though Jones claims physical injuries, such as burst breast implants and torn pectoral muscles, that are plainly not consistent with consensual sex. The EEOC's Letter of Determination credited the allegation of sexual assault.)

Fifteen months later, after extensive discovery in the arbitration, Jones, who lives in Houston, and whose lawyer is based in Houston, and who worked for KBR in Houston, sued KBR and a bunch of other entities (including Halliburton, for whom she never worked, and the United States), in federal court in Beaumont, Texas. The claims were suddenly of much more outrageous conduct: the original allegation of a single he-said/she-said sexual assault was now an allegation of gang rape by several unknown John Doe rapists who worked as firemen (though she did make a claim of multiple rape to the EEOC, though it is unclear when that claim was made); she claims that after she reported the rape, "Halliburton locked her in a container" (the EEOC found that KBR provided immediate medical treatment and safety and shipped her home immediately) and she threw in an allegation that a "sexual favor" she provided a supervisor in Houston was the result of improper "influence." (But she no longer makes the implausible claim that she was living in an all-male dorm in Iraq.)

People with legitimate claims usually don't have lawyers trying so desperately to forum-shop that they file amateurish briefs like this, and Jones loses a ton of credibility with me over that. At a minimum, Jones's story has changed over time, and has gotten considerably more lurid. The original allegations are bad enough, and, if true, actionable. If the implant rupture and other physical injuries are true, I'm inclined to believe that she was raped, perhaps even gang raped. (Machismo environments like fraternity houses and athletes' dorms are responsible for a disproportionate number of gang rapes, which is why the Duke Lacrosse allegations had so much weight in the early going.) I'm inclined to believe that there was a hostile work environment, and that it was possible that KBR was not doing enough to correct that problem. I'm not currently inclined to believe that the criminal action was the employer's fault, unless the employee in question had shown signs of criminal behavior while working for KBR. And it is entirely consistent with what I know about government if Jones's allegation that the government botched the criminal investigation is true.

1 comment:

Anonymous said...

... and of course, should the allegations prove to be true, you will completely revise your way of thinking regarding these kind of accusations. I think not.

I think that if the accussations prove to be true you will rationalize the occurance as an outlier situation.