Halliburton rape case heads to trial

[Enrique]

Source: Wall Street Journal

http://blogs.wsj.com/law/2011/06/14/rape-case-heads-to-trial/

After a long lead time, a trial is finally due to begin today in a case brought by a Texas woman who alleges she was gang-raped while working in Iraq for military contractor KBR, a former subsidiary of Halliburton.

Jamie Leigh Jones (pictured) sued Halliburton and several subsidiaries in 2005, but Halliburton countered that Jones signed an agreement that required all of her work-related claims to be resolved through private arbitration.

The Jones suit has long been viewed as a test case regarding the reach of workplace arbitration clauses. (Click here and here for LB background on the case.)

The Fifth Circuit in 2009 ruled that Jones can pursue her case in court, concluding that her rape allegations “do not touch matters related to her employment.”

Jones was a clerical worker for KBR at a Halliburton office in Baghdad’s fortified Green Zone and claims she was drugged and raped by several co-workers in her company barracks bedroom. She also alleges she was placed under armed guard and held in a “prison-like container” for hours after reporting the alleged attack.

(...)

Read more: http://blogs.wsj.com/law/2011/06/14/rape-case-heads-to-trial/

[KansDem]

1. Perhaps I'm naive, but how can criminal acts be "resolved" through "private arbitration?"

I can understand situations that involve civil law might make use of an arbitrator, but doesn't criminal law require the government to prosecute?

In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.

Shouldn't allegations of a violent crime be investigated and charges brought by a government prosecutor?

[femrap]

2. That's what I asked my

harassing boss, 'So you think you can rape me and get away with it?' I made it clear to him that he'd end up at the bottom of the bay if he ever tried anything remotely offending.

ETA: Al Franken had stood strong for her case. I'm so glad she will have her day in court. If these wastes of human flesh aren't dressed in orange, then Justice in this country is gone.

[Taverner]

3. Silly, criminal law is so Pre-PATRIOT act...

We don't have any rights anymore, since the only good citizens are corporations


---------------


:sarcasm:

[gratuitous]

6. This is a civil suit, not a criminal action

The alleged perpetrators aren't at risk of losing their liberty; the claim appears to be against Dick Cheney's old employer (and current payor of post-employment benefits) Halliburton. Presumably, if there was an investigation of criminal wrongdoing, a government prosecutor would bring an action against anyone they found to be criminally culpable. There may be jurisdictional questions (since the alleged rape and imprisonment didn't happen on American soil) that the government would rather not resolve, so the alleged rapists don't have to worry about the inconvenience of answering for the charges against them. And really, isn't that what we're fighting for?

[Citizen Worker]

4. Note in the WSJ article that Halliburton states, "in no way do we condone or tolerate sexual

harassment...Any reported allegation of sexual harassment is taken seriously and thoroughly investigated." So, allegations of multiple criminal acts are downgraded to a civil matter. Because Ms. Jones is the plaintiff and not the state there won't be any prison time meted out to the perpetrators. The best she can hope for is cash award from the jury and the perps are free to rape again and Halliburton will up its hourly rate to the government to pay the jury award in the next round of no bid contracts.

[Corruption Winz]

5. Honestly, they'd have to believe that rape was a work hazard if they wanted....

to settle this with private arbitration. Even with how hard it is to get a job in America these days, I don't see this line requiring a line around the block.

[Twostones]

7. Al Franken Amendment and who voted pro-rape against the amendment

Jamie Leigh Jones goes to trial next week
She was gang-raped - legally - by Halliburton thugs

Link


As part of the most recent appropriations act for the Defense Department, Senator Al Franken
attached an amendment that would, according to the official Senate site,

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.

In other words, companies must allow rape victims to have their day in court.
Pretty straightforward, and who would be against it?


We all watched the outrage by congress when a fake pimp and fake prostitute recieved bad advice from the free ACORN service that helps low-income people apply for loans. Acorn lost it's funding and is now under further investigation.

So, it should be a no-brainer when a senator tries to pass legislation to keep other government contractors from hiding their misdeeds involving real rape, right?

well, the amendment did pass, but 30 senators voted against it:

Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)