Jamie Leigh Jones

Jamie Leigh Jones (born 1985) is a former KBR employee who claims that seven KBR employees drugged and gang-raped her on July 28, 2005 at Camp Hope, Baghdad, Iraq. [ [http://news.justia.com/cases/featured/texas/txedce/1:2007cv00295/103217/ Jones, Et Al v. Halliburton Company et al] Justia] [ [http://news.findlaw.com/andrews/em/emp/20070525/20070525_jones.html/ Ex-Halliburton Worker in Iraq Sues for Rape, Harassment] FindLaw] [ [http://today.msnbc.msn.com/id/22221847/ 'Live with Dan Abrams' for Dec. 10] MSNBC,] 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.

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. [ [http://womensissues.about.com/b/2007/12/19/even-before-the-rape-in-iraq-kbr-abuse-of-jamie-leigh-jones-began-stateside.htm Even Before the Rape in Iraq: KBR Abuse of Jamie Leigh Jones Began Stateside ] ]

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. [ [http://youtube.com/watch?v=ticRYiJI_oo Jamie Leigh Jones - KBR Gang Rape MSNBC Dan Abrams Dec-17-07] YouTube] 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." [ [http://docs.justia.com/cases/federal/district-courts/texas/txedce/1:2007cv00295/103217/7/ Jones, Et Al v. Halliburton Company et al] Justia] Jones' account was confirmed by U.S. Army physician Jodi Schultz. [ [http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100007188&docId=l:719216326&start=23 Capitol Hill Hearing] LexisNexis News] [ [http://www.youtube.com/watch?v=U2WyitSWa0Y Jamie leigh Jones Testifies Before House Judiciary Committee] YouTube] 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. [ [http://edition.cnn.com/2007/US/law/12/17/contractor.assault/index.html Lawmakers to investigate Iraq contract worker's rape claim] CNN]

Jones alleges that she was confined by armed guards to a shipping container containing only a bed, under the orders of her employer, KBR. [ [http://www.msnbc.msn.com/id/22332188/ More Women Report Sex Assaults in Iraq] MSNBCDead link|date=April 2008] 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. [ [http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100007188&docId=l:719216326&start=23 Capitol Hill Hearing] LexisNexis NewsDead link|date=April 2008]

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. [ [http://www.theage.com.au/news/world/gangraped-then-locked-in-van-iraq-worker-says/2007/12/20/1197740465943.html Gang-raped then locked in van, Iraq worker says] The Age]

Involvement in civil lawsuit

In the complaint filed by Jones, her husband, and their attorneys, Boartz is the only named assailant of the incident. [ [http://news.justia.com/cases/featured/texas/txedce/1:2007cv00295/103217/ Jones, Et Al v. Halliburton Company et al] Justia] 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. [ [http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100007188&docId=l:719216326&start=23 Capitol Hill Hearing] LexisNexis News] [ [http://www.youtube.com/watch?v=U2WyitSWa0Y Jamie leigh Jones Testifies Before House Judiciary Committee] YouTube] However, Jones claims that due to unconsciousness, she is unable to identify the other rapists. [ [http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100007188&docId=l:719216326&start=23 Capitol Hill Hearing] LexisNexis NewsDead link|date=April 2008] [ [http://edition.cnn.com/2007/US/law/12/19/contractor.hearing/ Iraq rape allegation gets congressional hearing] CNN]

ubsequent 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. [ [http://rawstory.com/news/2007/VIDEO_Jamie_Leigh_Jones_testifies_to_1220.html The Raw Story | VIDEO: Jamie Leigh Jones takes her Halliburton gang rape account to the House Judiciary Committee ] ]

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. [ [http://www.injuryboard.com/national-news/halliburton-employee-finally-gets-attention-for-rape-case.aspx?googleid=28772 Halliburton Employee Finally Gets Attention for Rape Case ] ]

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 foreign 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." [ [http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000007----000-.html Special maritime and territorial jurisdiction of the United States defined] U.S. Code collection of Cornell University Law School] [ [http://youtube.com/watch?v=bR5FaYRL6aQ State Dept Rescues American Woman From Halliburton In Iraq] YouTube] [ [http://today.msnbc.msn.com/id/22221847/ 'Live with Dan Abrams' for Dec. 10] MSNBC,]

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. [ [http://today.msnbc.msn.com/id/22221847/ 'Live with Dan Abrams' for Dec. 10] MSNBC,]

Further, on December 19, 2007, during Jones' testimony, Congressman Robert Scott stated that the DOJ "can enforce with respect to contractors who commit crimes abroad, but it chooses not to." [ [http://news.yahoo.com/s/afp/20071220/ts_alt_afp/usiraqcontractorsrape Woman testifies she was raped by US contractors in Iraq] Yahoo! News]

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." [ [http://today.msnbc.msn.com/id/22221847/ 'Live with Dan Abrams' for Dec. 10] MSNBC,]

Pending civil lawsuit

On May 16, 2007, Jones filed a civil lawsuit against KBR and former parent corporation Halliburton. [ [http://news.justia.com/cases/featured/texas/txedce/1:2007cv00295/103217/ Jones, Et Al v. Halliburton Company et al] Justia] KBR has requested a private arbitration, and claims this is required by her employment contract. [ [http://www.msnbc.msn.com/id/22332188/ More Women Report Sex Assaults in Iraq] MSNBC]

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." [ [http://news.yahoo.com/s/afp/20071220/ts_alt_afp/usiraqcontractorsrape Woman testifies she was raped by US contractors in Iraq] Yahoo! News]

Further, the DOJ 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," [ [http://www.msnbc.msn.com/id/22332188/ More Women Report Sex Assaults in Iraq] MSNBCDead link|date=April 2008]

References

External links

* [http://www.jamiesfoundation.org/ Jamie Leigh Foundation]