The KBR/Halliburton Iraq Rape Case Goes Forward
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| Jamie Leigh Jones |
In a 2-1 ruling, the judges decided that the allegations made by Jamie Leigh Jones of Houston were not subject to the arbitration clause in her employment contract, meaning Jones' civil lawsuit against Halliburton, KBR and affiliates can proceed in court to a possible trial. The primary question before the court was whether the alleged rape and Jones' other claims were related to her employment and whether the alleged attack took place at an official workplace.
Jones started working for Halliburton/KBR as an administrative assistant in Houston in 2004. She claims that she was sexually harassed and demanded to be transferred. On July 25, 2005, she began an assignment at Camp Hope, located in the Green Zone area of Baghdad. Despite requesting to be housed in an all-female barracks, she was placed in quarters occupied predominantly by men.
A potential recipe for disaster.
Jones claims that she was sexually harassed from the start, and that two days after arriving at Camp Hope she asked to be moved to safer housing. She says that her bosses did nothing. The next night, Jones claims, following a party outside her barracks at which her co-workers were drinking booze, she alleges that she was drugged, beaten and gang-raped in her bedroom. When she woke up the next morning, Jones says, she was naked and one of the alleged rapists was sleeping in the lower bunk in her bedroom. She claims she suffered several injuries, including a torn pectoral muscle.
Jones further alleges that Halliburton/KBR mishandled the rape kit, put her in a room with an armed guard who prohibited her from leaving and refused to let her telephone her family. She claims her KBR bosses told her she could either "get over it" or go home without the promise of a job when she got there, according to court records. In May 2007, Jones sued.
The Fifth Circuit ruled that the alleged attack did not occur at Jones' workplace and that her four claims up for discussion -- assault and battery, intentional infliction of emotional distress, negligent hiring and supervision of employees involved in the assault, and false imprisonment -- were not subject to arbitration under her contract with Halliburton/KBR.
"We agree that [Jones'] bedroom should not be considered the workplace, even though her housing was provided by her employer," Justice Rhesa Hawkins Barksdale wrote in the court's opinion. He cited, among the evidence, that since alcohol consumption was allowed only in non-work spaces that Halliburton/KBR did not consider the barracks to be part of the workplace.
One of the three judges disagreed. Justice Harold DeMoss wrote in his dissenting opinion that Jones' claims were related to her job.
"If the attacks had occurred in the Green Zone at large, or at a location where Jones was not required to be, her claims would arguably not be related to her employment," he wrote.
Interestingly, of the three judges, DeMoss is the only one based in Houston. Barksdale is based in Jackson, Mississippi and the third judge to hear the case, Carl Stewart, is based in Shreveport, Louisiana.
54 comment(s) / Post a Comment
Not to blame the victim, but if you're getting sexually harrassed at Halliburton/KBR, what would possess you to accept an assignment in Iraq? No matter how many get "liberated" in that country, the fact is that women there -- as in many countries where the US has not seen fit to intervene -- get the short end of the stick, so to speak. It doesn't matter whether you work for the United States of Halliburton or not.
Posted On: Thursday, Sep. 17 2009 @ 3:17PMyou-can-run-but-you-can’t-hide,
To clarify this for you, Jaime Leigh Jones is a citizen of the US, the alleged rapists are citizens of the US and the incident occurred on a US military compound. All parties involved in the incident were contracted to work for a company that is incorporated in the US. This has nothing to do with the society or culture of another country. This has everything to do with the fact that these alleged perpetrators are walking the streets free men and may in fact be living next door to you and your family. Do you really believe that men who would rape and physically maim a co-worker, in Iraq, have not or will not commit rape stateside?
Wow, she is kinda goofy lookin isnt she??
RT
www.real-privacy.net.tc
She has an almost impossible case to prove ... at least from the evidence provided here its her word against a lot of other people's word which means she has squat to stand on. Her only chance is that someone will collaborate her story and that some physical evidence exists (which probably doesn't since she claims that the rape kit was mishandled) ...
she deserves it brother & sister....
the only price to pay for her is sympathy.
that not counts how many of innocent civilians who quietly not reported their case. For sure, it is how capitalism control this world today yay....
people are just dumb animals that can make fire, i find it a lot funny when i meet people that think otherwise.
Posted On: Friday, Sep. 18 2009 @ 9:59AMYou people are attacking the victim??? What about KBR? Don't they seem just a wee bit EVIL??
Posted On: Friday, Sep. 18 2009 @ 10:14AMTo the author:
Why is it "interesting" that only one of the judges is based in Houston? The 5th Circuit is an appellate court and thus has appellate jurisdiction over the districts of Louisiana, Mississippi, and Texas. There is nothing unusual about the composition of the three-judge panel in this case.
Posted On: Friday, Sep. 18 2009 @ 10:19AMNo one else thinks it's weird that she gets "sexually harassed" in one assignment to the next then also gets raped in a completely different area with completely different co workers?
I think people forget the idea of being innocent until PROVEN guilty.
I like this:
"This has everything to do with the fact that these alleged perpetrators are walking the streets free men and may in fact be living next door to you and your family."
Do you not know what the fucking word "alleged" means? This isn't the 1940s. Girls can cry wolf just as much as they actually get raped.
Posted On: Friday, Sep. 18 2009 @ 10:24AMhi...regardless of however she behaved or however she looks, every person deserves the security of law.
if she indeed has been raped then may she get her justice.
Posted On: Friday, Sep. 18 2009 @ 10:32AMIt is interesting that the only judge to side with Halliburton, which is based in Houston, is also from Houston. Coincidence? Nah..
Posted On: Friday, Sep. 18 2009 @ 10:59AMthis lady justs wants money its a little odd to me that she was sexually harrassed in different areas with differnet people maybe she puts out, feels ashamed and tries to justify herself by scape goating others? hmmmm im thinking she heard that there were pictures involved of this gang bang and before they hit the internet she made this claim to keep her sainthood from being destroyed? yea shes a slut and a slut who wants money thats all this is
Posted On: Friday, Sep. 18 2009 @ 11:08AMAnyone who thinks this is crying wolf knows nothing about the case. She was checked out by a military hospital and it was proven that she was raped.
KBR was trying to keep that evidence away from the authorities.
Ignorant and pathetic people like you should not be allowed to breath.
Get a jury full of fathers - preferably fathers with young daughters or over 60 old-school grandfathers with daughters and grand-daughters - with photos of her bruises, being held captive and not being able to call her mom/dad - this case is worth a million.
Posted On: Friday, Sep. 18 2009 @ 11:08AMCheney was CEO of Halliburton before Vice President of the US. I guess this is how he runs a company.
Posted On: Friday, Sep. 18 2009 @ 11:10AMPut me on the Jury, Haliburton will pay 100M. She was gang raped, Haliburton covered it up in a way that in itself is criminal.
Posted On: Friday, Sep. 18 2009 @ 11:37AMInnocent until proven guilty applies only to the justice system. We are consumers of media, and the court of public opinion never had this principle. We can think any we want and judge any way we want in the privacy of our own minds. I've followed this case from its initial reports and one of the guards who did not rape her felt sympathy for her and allowed her to make several phone calls on his phone because he was not allowed to let her leave the storage container she was locked in. He is a material witness to the event and has made statements which corroborate hers. There was a rape here, and though she may have been too naive thinking Halliburton was a company of good people, it does not justify her assault, battery, rape and imprisonment at the hands of her rapists. I know rapists and they should not be on the streets with your sisters/mother/daughters. Wise up people, not every man is Kobe and not every women is a prostitute. Rapists give us all a bad name.
Posted On: Friday, Sep. 18 2009 @ 11:40AMWith a simple Google search of Jones v. Halliburton you can find the PDF District Court opinion. Read for yourself what Judge Keith Ellison had to say. I couldn't find the 5th Circuit Opinion publically available yet.
Posted On: Friday, Sep. 18 2009 @ 11:44AMGuySomething-
"Innocent untill proven guilty"?
Should we waterboard these KBR employee's untill they confess to it? That's what we have done with other "alleged" criminals in Iraq.
Posted On: Friday, Sep. 18 2009 @ 11:46AMGuySomething-
"Innocent untill proven guilty"?
Should we waterboard these KBR employee's untill they confess to it? That's what we have done with other "alleged" criminals in Iraq.
Posted On: Friday, Sep. 18 2009 @ 11:47AMShe wasn't raped, she's just pi$$ed that nobody would date her. Now, she's getting back at them.
Posted On: Friday, Sep. 18 2009 @ 11:51AMShe's pissed at guys because nobody would date her.
She puts out and feels ashamed.
That's why she's been going after this case and trying to get into court for 4 years while making up coherent lies that don't contradict each other.
Four years.
Retards.
Learn to read.
Posted On: Friday, Sep. 18 2009 @ 12:05PMThe comments here attacking the victim are over-the-top and inappropriate to say the least. This lady says she was raped and she deserves justice and not the disgusting display of macho-ism you see here. What the heck is wrong with you people?
Posted On: Friday, Sep. 18 2009 @ 12:18PMTo try any kind of rape case in court takes a number of years. And by what basis do you say that she's making up lies and feels put out?
Posted On: Friday, Sep. 18 2009 @ 12:21PMThese comments are more depressing than the article.
Posted On: Friday, Sep. 18 2009 @ 12:26PMthis is a case that we should look beyond the news
what's not said and what's hidden
beyond news
I am seriously astounded at you people for attacking the victim here. Do you actually know anything about this case or is this article your only knowledge of it?
God forbid this happens to YOUR daughter, sister, mother. . .I'd like to see your comments then!
I agree with S.O. above:
"Ignorant and pathetic people like you should not be allowed to breath."
Posted On: Friday, Sep. 18 2009 @ 12:38PMShe wasn't raped, she's just pi$$ed that nobody would date her. Now, she's getting back at them.
Yeah you are like the coolest person in the world. Is that how you justified your date raping in college? Oh wait you're probably legally retarded. But KBR would probably hire you and hopefully send YOU to a war zone!
Posted On: Friday, Sep. 18 2009 @ 12:52PMI'm glad to see that our courts are at least holding these folks accountable in civil procedings. Criminal charges should have been filed given the supporting evidence.
However, this girl really is niave. If you are taking a job as a mercenary, even a technical mercenary, you are going to be working with other mercenaries. There is a reason these folks make more money than the soldiers trained for the same jobs and its not their "leet skilz."
Posted On: Friday, Sep. 18 2009 @ 12:53PMJust shows how uneducated, inexperienced, and naive people can be. She was working for a US company and she is a US citizen. She was attacked by her own co-workers. She should have been put in a safe sleeping environment. I applaud Jamie's courage and expect her to get everything she can out of Halliburton. STOP BLAMING THE VICTIM... WHAT YEAR IS THIS......?????
Posted On: Friday, Sep. 18 2009 @ 1:04PMCan most people agree that a lawsuit is better than a hitman? The Rule of Law preserves human dignity and life.
This case shows how much American life and liberty is valued. The reason this case makes headlines and is valuable is because (1) American girl (2) American men (2) American corporation. American men = jurisdiction / American corporation = $.
If she was raped by Iraqi mercenaries = no money because no real corporate assests. If she was Iraqi raped by American mercenaries the case would stay in Iraq and = little or no money. If she was Iraqi raped by Iraqi her only real recourse is her father, brothers, or cousins killing the perpetrators.
There is no justification for rape. Period!
Posted On: Friday, Sep. 18 2009 @ 1:26PM
1, I think you mean corroborate with her story.
2, I used to work outside the US at employee provided housing. I considered the housing to be part of work and so did my employer, The United Stated Marine Corps.
3, Her being in-country does not subjugate her as a citizen of the country I defended. Nor does it limit her access to full rights under the constitution.
If Haliburton misshandled the aftermath of this event they have left themselves open to civil prosecution that would cover significant damages.
4, I think she is kind of hot.
Posted On: Friday, Sep. 18 2009 @ 2:04PMwow. some of you people are jerks. she had nobody to turn to in a foreign country but the company that had a vested interest in keeping this silent? if your daughter or mother were raped would you verbally attack them?
Posted On: Friday, Sep. 18 2009 @ 2:16PMalso, shouldnt military police have been involved and not a company?
Posted On: Friday, Sep. 18 2009 @ 2:20PMFirst to the Neanderthal who claimed she looks "kinda goofy." I guess that means she could not have been raped. Or perhaps she was lucky to be raped because she looked goofy." Really clear thinking there jerk off.
How would you look under the circumstances? How goofy? Sure she asked for it. A bunch of men coming for a night time visit. It was her fault. She should not have been in her own room minding her own business. Right? What's the harm in living in a place with all men. Couldn't be safer. Right?
And what right did she have to ask for a women's barracks? Try being ganged raped by a bunch of men, and see how anyone likes it. And for this idiot's information, it is all about power. A show of power. And sex is the venue they use to flex their penile muscles. Not intelligence, not decency, just raw power. And the fact that it is Haliburton should surprise no one.
Just good clean fun. "She should get over it." Right?
"John Woods", screw you and your spam all over every forum.
Pathetic.
Posted On: Friday, Sep. 18 2009 @ 6:26PMThe fact that this young woman was sexually assaulted was confirmed by a U.S. Army doctor, Dr. Jodie Schultz. Dr. Schultz also administered a rape kit, and then handed over the rape kit to KRB, who then "misplaced" the kit. It took nearly two years for the State Department to get the rape kit back from Halliburton/KBR. A good chunk of the file was gone, including notes and all the photos of her injuries.
After the attack, Jamie Jones was confined to a cell with only a bed. She was not allowed to leave, nor was she allowed to make any phone calls. Finally a guard slipped her his cell phone so she could call her father, who then had to call a U.S. Congressman to send State Department officials, accompanied by U.S. Marines to get Ms. Jones.
Halliburton/KBR put this woman in harms way, after repeated requests from Ms. Jones for help. They allowed a situation where Ms. Jones was attacked and violated to the point of permanent physical damage. They then held a U.S. citizen hostage while deciding what to do with her. The stole and presumably destroyed evidence in the case that would have lead to the identity of her attackers, and they have used their legal team for bully her for four years.
I shudder to think of what would have happened to Ms. Jones if at least one person didn't help her escape. Clearly Halliburton/KBR will go to just about any length to eliminate this situation.
So to all the people who think she is making this up, or is in this for the money, or is just some slut who regrets pulling a train, try to remember that this is someones daughter, and a human being. There are people reading this that clearly don't care about Jamie Leigh Jones, and that's fine. Why should you care?
Maybe you should care because she is an American citizen, like most of us reading this. Because once again we are witnessing a company whose greed and corruption is directly profiting off harming U.S. citizens. We're Americans, and we don't let people push around the weak. We stand up to bullies, and have historically kicked their asses. We fight injustice, even when the enemy outnumbers us, and it seems like the fight will never end. We're Americans, and we kick ass.
But the hard truth is that Jamie is fighting an uphill batter. If Halliburton/KBR has their way, she will never even get her day court. That's how it is these days. But we can do something about this.
We can't get Jamie money for her injuries. We can't track down all the people who did this and put them in prison. But we can pick up the phone, or email our local politicians and ask them to get off their lazy asses and protect Americans. We can demand that Halliburton/KBR be punished in some form for what they have done. They work for us, we pay their salaries. We should have some control over how they run their business.
I have written my local congresswoman and asked her what she can do about this. Maybe someone reading this will do the same. And if all you want to do is leave a nasty comment, leave one about Halliburton/KBR.
You can get more facts about this on Wikipedia.
Posted On: Friday, Sep. 18 2009 @ 7:32PMWhat difference does it make where she was raped? SHE WAS RAPED?!?!
The justice system is such a joke it's disgusting
Posted On: Friday, Sep. 18 2009 @ 10:19PMAnyone who prays should pray for this poor woman's soul. She needs some serious emotional healing. Just look at her face. What she's been through, and is still going through, has twisted her terribly.
Posted On: Saturday, Sep. 19 2009 @ 12:39AMWhat a country we live in when people are sitting here blaming her, saying she deserved it, etc... sick bastards. Im sure you would feel differently if she was your sister/daughter. I hope she takes those evil f*&#s for everything she can get.
Posted On: Saturday, Sep. 19 2009 @ 1:22AMNo one is "forcibly drugged." She may have thought she was "only" having alchohol instead of something stronger, but regardless the responsibility of self-protection cannot be ignored. Can I walk out on the highway and my kin call murder when a car going 65mph kills me?
"Rape" is a much more serious crime against innocent, unprovoking, unwilling victims. Cases like these are a disgrace against the real crime of rape, and dilute the impact of real cases.
Posted On: Saturday, Sep. 19 2009 @ 2:25AMPeople are forcibly drugged every day. Drugs like Rohypnol and GHB are very commonly used to take advantage of people sexually. Also the drug doesn't have to be accompanied by alcohol. The drugs are just as effective in any beverage as they are in alcoholic drinks. The article didn't say anything about her being intoxicated before being drugged so it can't be assumed that she put herself in a state of vulnerability. She was drugged and overpowered, that's all there is to it. she is in no way at fault.
stepping out in front of a speeding car may not be murder, but being thrown in front of the car is. the company had no business putting her in a barracks predominantly consisting of men. They are even more at fault because they ignored her request for a new room specifically because she was being harassed. it seems to me that she did plenty of things with the purpose of self-protection in mind.
These cases are real, and the fact that these cases have to be brought up is a disgrace. The fact that people like you can sit on your butt and shame her while defending what that company did to her is an even bigger disgrace. This case is not.
Posted On: Saturday, Sep. 19 2009 @ 4:01AMI was there at Camp Victory when this happened. After the security guard, concerned about Jaime Lee Jones need for medical attention, etc, and gave her his phone to call for help--the company's response, I believe, was to take away all cell phone privilieges. The time frame is the same when cell phone usage/carry was disallowed. It was dangerous to report sexual harassment. I myself reported stalking multiple times and also inappropriate cornering and touching while at work from foremen, only to be laughed at by my supervisor, and moved to a different site after being asaulted. The arbitration-only clause and very real potential harm for reporting incidences had many women not risking reporting the assaults and rampant harassment. And it wasn't just with contractors. At minimum, one woman soldier initially listed as "suicide", was later proven by her family's relentless pursuit of the truth and obtaining photos of her sexual injuries and body burns, disproved the suicide and brought to light the cover-up of sexual assault and murder. Women have the same war experiences as men, but should never have the added trauma of the most imminent danger in the war zone being their own co-workers and upper chain-of-command.
Posted On: Sunday, Sep. 20 2009 @ 12:33AMGo Jamie Go!
These KBR Rapists have it coming right back at them. They messed with the wrong girl. (and there are HUNDREDS of reported cases they've kept hidden, not to mention the unreported ones)
A friend of mine was drugged and raped a few months ago by a KBR employee that was home for R&R. Then he got on the plane & went back to Iraq. Pieces of shit. Their time is coming. Women aren't going to take this crap anymore.
Any other women out there reading this, PLEASE come forward & go public. How about we publish the names of the rapists. We can always throw the word alleged in there to cover publisher's butts form lawsuits.
Women, take self defense courses & arm yourselves with concealed weapons permits
Former Contractor says:
I was there at Camp Victory when this happened.
-----------------------
Do you remember when they put up the 12 foot fence with barbed wire around the living area at KBR's Regional mancamp and then put pad locks on the pedestrian gates?
If you have information that you think might be helpful, I would recommend contacting the Attorneys for this case.
It is not just civilians or only women that are being raped, assaulted and harrassed in Afghanistan and Iraq.
http://mssparky.com/2009/09/increasing-rapes-and-assaults-in-iraq-and-afghanistan/
Posted On: Tuesday, Sep. 22 2009 @ 4:43PMAlthough I love Hairballs, I have been staying away from this post because people warned me that "some of the people commenting on the Jamie Jones article are ignorant, arrogant, mouth breathers. Don't go there, it's just going to piss you off." So I stayed away as long as I could and then "I went there!"
Oh my freakin' God!!! What is wrong with some of you people? Yeah...I'm talking to YOU!! The ones that can't even spell K-B-R!! The ones who couldn't find Iraq if it were tattooed on their ass! The ones one thinks that rape is foreplay.
It is clearly time to throw some bleach in the freakin' gene pool!! To bad we couldn't engineer a pandemic to target and kill ignorant arrogant mouth breathers!! Come one 2012!!
Hairballs is a lot nicer about comments that I am. I would be deleting your asses!
Ms Sparky
http://mssparky.com/
The comments by a majority of those above demonstrate why genetically engineered mutants should be created to roam the world killing hypermasculine morons. The world would be a better place if about 3/4 of the respondents above were simply decapitated.
Posted On: Thursday, Sep. 24 2009 @ 10:08PMmilitary gave the alleged criminals the rape kit back? yeah. she attended a party, where she was drinking and flaunting her fake tits, of which she told others she wanted bigger ones. she knew what she was getting in to. she sucked a few off and didn't want anyone to realize how big a whore she is. shipping container? armed guards? wow. she was in a wet hooch and the 'guards' are not armed. there are no 'guards' anyways. she forgot to mention she was in the same underground dungeon where they were keeping osama bin laden...she probably blew him too.
she's a whore, bottom line. wants money. she's like the rest of the scum out here who get jobs because of their tits and do absolutely nothing all day but sleep their way up and pick and choose when to utilize their harassment charges against people they are trying to take advantage of. god bless america.
don't worry folks, her reputation still holds up, she was one of the few who didn't waste any time dropping her drawers and opening her mouth as soon as she got to camp.
Posted On: Friday, Sep. 25 2009 @ 6:36PMyet another shit scum judge from Texas.
This case is a no brainer.
She should sue Dick Cheneys corporation for all it is worth.
It's not even an American company anymore given the head quarters are now in Dubai.
Posted On: Wednesday, Oct. 7 2009 @ 9:14PMI would be curious as to what exactly a teenage, blue-eyed, blonde haired, female with breast implants and a high school education brought to the table to qualify her for a position in a war zone....oh. wait....never mind.
Posted On: Friday, Oct. 9 2009 @ 2:57PM
