That dawn, naked, covered in blood
and feces, bleeding from her anus, she found a US soldier she
did not know lying naked in the bed next to her: his gun lay on
the floor beside the bed, she could not rouse him and all she
could remember of the night before was screaming and screaming
as the soldier anally penetrated her while a colleague who
worked for defense contractor KBR held her hand–but instead of
helping her, as she had hoped, he jammed his penis in her mouth.
Over the next few weeks Smith would
be told to keep quiet about the incident by a KBR supervisor.
The camp's military liaison officer also told her not to speak
about what had happened, she says. And she would follow these
instructions. "Because then, all of a sudden, if you've done
exactly what you've been instructed not to do–tell somebody–then
you're in danger," Smith says.
As a brand-new arrival at Camp
Harper, she had not yet forged many connections and was working
in a red zone under regular rocket fire alongside the very men
who had participated in the attack. (At one point, as the sole
medical provider, she was even forced to treat one of her
alleged assailants for a minor injury.) She waited two and a
half weeks, until she returned to a much larger facility, to
report the incident. "It's very easy for bad things to happen
down there and not have it be even slightly suspicious."
Over the next month and a half,
she says, she faced a series of hurdles. She would be
discouraged from reporting the incident by several KBR
employees, she says. She would be confused by the lack of any
written medical protocol for sexual assault (as the only medical
person on site, she treated herself with doxycycline). She would
wander through a tangled maze of interviews with KBR and Army
investigators about the incident without any clear explanation
of her rights. She would be asked to sign several documents
agreeing not to publicly discuss the incident, she says. She
describes having her computer–which she saw as her lifeline, her
main access to the outside world–confiscated by Army
investigators as "evidence" within hours of receiving her first
e-mail from a stateside lawyer she had reached out to for help.
And eventually she would find
herself temporarily assigned to sleeping quarters between two
Army Criminal Investigation Division (CID) officials, who, she
says, assured her that it was for her own safety, since her
alleged assailants were at the same camp for questioning; they
roamed freely. When she wanted to move about the camp to get
meals etc., she was escorted.
Smith felt very alone. But she
was not.
In fact, a growing number of
women employees working for US defense contractors in the Middle
East are coming forward with complaints of violence directed at
them. As the Iraq War drags on, and as stories of US security
contractors who seem to operate with impunity continue to emerge
(like Blackwater and its deadly attack against Iraqi civilians
on September 16, 2007), a rash of new sexual assault and sexual
harassment complaints are being lodged against overseas
contractors–by their own employees. Todd Kelly, a lawyer in
Houston, says his firm alone has fifteen clients with sexual
assault, sexual harassment and retaliation complaints (for
reporting assault and/or harassment) against Halliburton and its
former subsidiary Kellogg, Brown & Root LLC (KBR), as well as
Cayman Island-based Service Employees International Inc., a KBR
shell company. (While Smith is technically an SEII employee, she
is supervised by KBR staff as a KBR employee.)
Jamie Leigh Jones, whose story
made the news in December–when she alleged that her 2005 gang
rape by Halliburton/KBR co-workers in Iraq was being covered up
by the company and the US government–also initially believed
hers was an isolated incident. But today, Jones reports that she
has formed a nonprofit to support the many other women with
similar stories. Currently, she has forty US contractor
employees in her database who have contacted her alleging a
variety of sexual assault or sexual harassment incidents–and
claim that Halliburton, KBR and SEII have either failed to help
them or outright obstructed them.
Most of these complaints never
see the light of day, thanks to the fine print in employee
contracts that compels employees into binding arbitration
instead of allowing their complaints to be tried in a public
courtroom. Criminal prosecutions are practically nonexistent, as
the US Justice Department has turned a blind eye to these cases.
Jones's case was the subject of a
House Judiciary hearing in December. Right now, Jones's lawyers
are awaiting a decision on whether she will get her day in court
or be forced to submit to binding arbitration, which KBR is
insisting on. Likewise, the company is pressuring Lisa Smith
into pursuing her claims against the company through its Dispute
Resolution Program based on the contract she signed before she
went to Iraq. Critics argue that the company's arbitration
system allows it to minimize bad publicity and lets assailants
off the hook.
Smith, who retained a lawyer only
two weeks ago, is weighing her options.
KBR attorney Celia Ballí,
responding to a letter from Smith's lawyer, wrote in a letter
dated March 17, "The Company takes Ms. Smith's allegations very
seriously and has and will continue to cooperate with the proper
law enforcement authorities in the investigation of her
allegations to the extent possible." Ballí noted that the matter
has been turned over to the CID and said that Smith has been
"afforded with counseling and referral services through the
Company's Employee Assistance Program." Ballí wrote in the
letter that there are "inaccuracies" in the description Smith
has put forward regarding her treatment after the alleged sexual
assault. "Therefore, the Company requests that you fully
investigate all the facts alleged by Ms. [Smith] as the Company
intends to pursue all available remedies should false statements
be publicized."
Such "investigation" may prove
difficult for her attorney. In the next sentence, the company
says it is "not in a position to release any personnel or
investigative records regarding Ms. [Smith's] allegations at
this time." In response to a request for comment on this story,
a company spokesperson wrote in an e-mail that Smith's
"allegations are currently under investigation by the
appropriate law enforcement authorities. Therefore, KBR cannot
comment on the specifics of the allegations or investigation."
The spokesperson added, "Any allegation of sexual harassment or
assault is taken seriously and investigated thoroughly." It
remains unclear, however, what law enforcement investigation is
examining the KBR employee's role in the alleged assault, since
Army CID is charged with investigating only cases that involve
US military personnel.
For her part, Smith can't quite
call herself a victim yet. In the course of several
conversations over several days, she never once says the word
"victim" out loud. Let alone "rape." Let alone "gang rape."
She simply describes what
happened, moving through the course of events as if this had
happened to someone else, as if the recitation of details were
an act of contrition she was compelled to perform.
Like many rape survivors, she
feels guilty. In this case, Smith confesses that she broke
company policy the evening of the incident by having a drink
(alcohol is expressly forbidden). She had landed at Camp Harper
only a week earlier, when she returned from a stateside R&R with
her family. Since arriving in Iraq six months earlier, she had
been at a larger facility, Camp Cedar. But her new posting at
Camp Harper put her in a smaller outpost of sixty people: part
US military, part KBR employees, part SEII workers. When some
KBR colleagues invited her to join them for a drink after work,
she did.
Smith says she had only one
drink–and she asked someone to hold it after a few sips while
she went outside for a smoke. Smith's attorney, Daniel Ross,
speculates that someone slipped the date-rape drug Rohypnol in
her drink.
Smith's memory of the evening is
fuzzy, and the only thing she remembers clearly about the events
surrounding her assault is the aforementioned moment of oral and
anal penetration. She also remembers screaming.
The morning after the incident,
Smith says, she was called into the office of her supervisor,
who was Camp Harper's KBR manager; he appeared to know–at least
in part–what had happened. She would later learn from an Army
investigator that her supervisor had been in the room where the
drinking and alleged rape had taken place at least twice that
evening. Smith, who appears to have blacked out, has no direct
knowledge of his participation–or indeed of who else among the
crowd initially gathered in the room may have been involved. "He
was one of the people involved in saying, 'Don't say anything,'"
Smith says of her conversation with the KBR camp manager the
morning following the incident. "Then he said, 'This will never
happen again.'"
Smith offered to pack up and go
home. But he sent her back to work. First, though, he responded
to Smith's plea to get the soldier she still had not been able
to rouse out of her bed by contacting the military's Special
Forces liaison at Camp Harper. The liaison, whom Smith knew only
by his nickname, DJ, was direct. "He told me not to speak of
this to anyone and that he would take care of it," Smith says.
Smith sat tight for a few days
but then contacted a friend at Camp Cedar, where her permanent
assignment was, and asked if the Employee Assistance person for
KBR was back from her R&R yet. She was not. Smith was worried
about even discussing the incident, since she knew that none of
her conversations were confidential. "Camp Harper has only three
phones," she says. "One is in the camp manager's office. One is
in the Operations Office. And one is in a hallway." She wavered.
A few days later, when she knew that the Employee Assistance
person for KBR would be back, Smith called her on the phone. The
Employee Assistance woman was a friend of hers and, without
getting too specific about the details of the incident, Smith
sought her advice. "We had worked other situations together in
the past, and I talked to her and she was like, 'I don't know if
I'd report that. You know what happens when you report things.'
And I did. I'd seen it."
Despite Smith's silence, rumors
were circulating at the camp. Two and a half weeks after the
incident, she was questioned by someone from the KBR Employee
Relations office, who appeared to be investigating a series of
improprieties at the camp, Smith says. Fearful, she denied
knowledge of any wrongdoing at the camp.
When Smith returned to her
original posting at Camp Cedar, a larger facility with a human
resources person and more friends she could approach for advice,
she recontacted the man from Employee Relations who had been
investigating "improprieties" and told him her story.
This set the wheels in motion for
a series of interviews, most of which concluded with Smith being
asked to sign a nondisclosure statement by representatives of
the company, she says.
Eventually, shortly before she
was slated to return to the United States for R&R, one of the
investigators for KBR suggested that Smith get tested for STDs,
hepatitis, HIV, etc. and took her to the nearby military Combat
Support Hospital. "The doctor took me into her office, and we
talked a long time before she did an exam," Smith says. "We
talked about the assault and the details and she was actually
very, very kind and encouraged me to report it to the military.
She tried convincing me that it wasn't my fault [for having a
drink]. She was just a really kind lady–and that was the first
time I had given any of the whole details of all that had
happened."
In fact, military protocol
compelled the doctor to report the incident; Smith was
immediately contacted by the Army Criminal Investigation
Division and questioned.
A few days later, shortly after
contacting an attorney in the United States to advise her on her
rights, the attorney sent her a draft letter he was sending to
KBR on her behalf, notifying the company that he was
representing her and briefly summarizing her accusations. The
military came to her office within hours, she alleges, and
confiscated her computer as "evidence," effectively limiting her
access to the outside world. The CID did not respond to requests
for comment.
Many victims of sexual assault
find themselves without meaningful recourse when they work for
US defense contractors that are powerful companies on foreign
soil. "It's one big battle over where to fight the battle," said
Smith's attorney Ross, who is considering if and how and against
whom to file charges on behalf of his client.
Take Jamie Leigh Jones's case,
for example.
Since Jones alleged she was gang
raped in 2005, while KBR was still a Halliburton subsidiary, her
case is covered by an extralegal Halliburton dispute-resolution
program implemented under then-CEO Dick Cheney in 1997. The
program has all the hallmarks of the Cheney White House's
penchant for secrecy. While Halliburton declared the program's
aim was to reduce costly and lengthy litigation (and limit
possible damage awards in the process), in practice it meant
that employees like Jones signed away their constitutional right
to a jury trial–and agreed to have any disputes heard in a
private arbitration hearing without hope of appeal. (While two
lower courts declared the tactic illegal, in 2001, the Texas
Supreme Court overturned those rulings.)
Accordingly, Jones faces two
major roadblocks in the fight for justice. The first is the
battle to have the perpetrators prosecuted in criminal
court–which, because of Order 17, may be nearly impossible.
According to the order, imposed by Paul Bremer, US defense
contractors in Iraq cannot be prosecuted in the Iraqi criminal
justice system. While they can technically be tried in US
federal court, the Justice Department has shown no interest in
prosecuting her case. In fact, for more than two years now, the
DOJ has brought no criminal charges in the matter.
Representative Ted Poe, a Texas Republican who has taken up
Jones's cause, reports that federal agencies refuse to discuss
the status of the investigation; meanwhile, in December, the DOJ
refused to send a representative to the related Congressional
hearing on the matter.
Even more appalling, the Justice
Department, which can and should prosecute most of these cases,
has declined to do so. "There is no rational explanation for
this," says Scott Horton, a lecturer at Columbia Law School who
specializes in the law of armed conflict. Prosecutorial
jurisdiction for crimes like the alleged rape of Jones is easily
established under the Military Extraterritorial Jurisdiction Act
and the Patriot Act's special maritime and territorial
jurisdiction provisions. But somebody has to want to prosecute
the cases.
Horton wonders what the 200
Justice Department employees and contractors stationed in Iraq
do all day, noting that there has not been a single completed
criminal conviction against a US contractor implicated in a
violent crime anywhere in Iraq since the invasion.
"We have a complete process in
place for solving military criminal violations when soldiers
commit crimes, but for the 180,000 employees of private
contractors over there, there is nothing," says Horton. "It's
like Texas west of the Pecos in 1890 over there!" It's just
common sense that you're going to have some violent crimes when
you throw this many people together, he says. "Think about it.
You have 180,000 people over there, you're going to have a few
crimes. I don't know how anybody could fairly view this as a
partisan issue. Crimes happen when you bring people together
anywhere, and in a war setting, without adult supervision,
crimes are going to increase. That is just a fact. And if you
eliminate law enforcement, the crimes are going to get worse
because people will quickly learn they can get away with it."
Things don't look a whole lot
rosier when it comes to seeking relief in the civil courts.
For example, KBR is fighting
tooth and nail to make sure Jones's case stays in private
arbitration, as per her contract. And given that in February, a
federal district court ruled that Tracy Barker–another KBR
employee who says she was sexually assaulted–couldn't present
her case in open court, prospects for the civil suit Jones
brought last May look dim.
And that's particularly
troubling, according to Jones's attorney Todd Kelly, because the
clandestine nature of arbitration allows corporate malfeasance
to go unchecked. Trials serve a purpose above and beyond
pronouncing verdicts. "It's like the Enron trial here in
Houston," he says. "Where every day in the Houston Chronicle
there was a story exposing what egregious things go unchecked in
the corporate culture. The United States got to peek into the
corporate underwear drawer and saw it was not as pretty as it
looked from the outside." Kelly argues that Halliburton and KBR
ought to be similarly exposed to public scrutiny via jury
trials. These civil remedies arranged in a secretive manner have
repercussions beyond the dollar figures. "It allows for future
rapes to occur," he says, arguing that these defense contractors
have been able to quietly settle and compel victims to remain
silent: the public remains oblivious to the crimes, no one is
punished and a hostile and violent workplace continues
unchecked.
In the future, the sole recourse
for victims like Jones may be through Congress. Last October the
House overwhelmingly passed legislation that requires the FBI to
investigate allegations of wrongdoing and permits all US
contractors to be tried under American jurisdiction. The Senate
has yet to vote on the legislation.
For her part, Jones intends to
persevere. "Part of the reason I'm going forward with this case
is to change the system," she says. "Who knows how many of us
rape victims are out there?"
Smith, who is now back in the
United States on two weeks R&R, is uncertain what the future
holds for her. "I don't think I've been able to make any
decisions or plans or goals yet," she says. First of all, there
is the fact that she arrived home from Iraq to learn that her
husband had been rushed to the hospital earlier that day after a
partial stroke. She needs her job with SEII because she is the
one who gets health insurance–vital not only for the two teenage
daughters still living at home but for her husband, with his
health problems. She worries, "Human Resources made me sign
statements saying that I'm supposed to be back in Dubai on April
7 at 10 p.m., and if I'm not there I will not be reimbursed my
$1,600 airfare or for my two weeks' vacation."
And indeed, the March 17 letter
her attorney received from KBR attorney Celia Ballí says that
Smith can be placed on medical leave "pending resolution of the
investigations related to this matter" but warns, "However, per
Company policy, [her] leave will be unpaid." She is welcome to
apply for workers' comp, the lawyer states.
Can she return to her old job as
a paramedic in Lena, Illinois?
"Yes, my license is in good
standing, and I've never had a problem," she says. "But it means
a difference of about $6,000 a month in salary and no health
insurance. My biggest reason for working for KBR in the first
place was so I could get insurance for my husband and girls…"
Smith's sentence trails off. She begins a new one. Stops midway.
She tries again to organize her thoughts. "I've been trying to
figure out how I'm going to go back to work. How am I going to
make myself do this?" she says, manifesting the confused
indecisiveness and sense of a "foreshortened future" that are
hallmarks of post-traumatic stress disorder.
Has she seen a rape crisis
counselor?
Not yet, Smith says. "Someone
from KBR Employee Assistance gave me a flier to call someone in
Houston," she says, but it turned out to be for general
financial or emotional problems during deployment. They referred
her to a website. "I'm 9,000 miles away in Iraq and the website
says, 'Please put in your zip code and we'll refer you to a rape
crisis counselor in your zip code area.'"
Smith, who says she cannot sleep,
appears exhausted. She tells her story without affect, little
inflection and tamped emotion. She only tears up twice, most
visibly when speaking about one of her sons, a 22-year-old US
soldier who served in the Middle East recently. While she was in
the process of debating whether–and how–to go about reporting
her assault, she contacted him to see what his feelings were on
the matter. "I didn't want him upset with his mom," she says,
explaining that she was very loyal to the mission in Iraq and
that he was similarly loyal to his service. "I was assaulted by
somebody who was wearing the same uniform as him, and I just
didn't want him to think bad of me. My children are pretty much
my world." Smith's eyes fill with tears, and she pauses to
collect herself. "I didn't want him to be upset because I was
calling out somebody who was wearing his same uniform. They're
supposed to be proud of what they do. And I'm proud of my sons.
And in my mind, I live that war every day. I can make all sorts
of excuses under the sun for bad behavior."
Her son advised her to make the
formal complaint.
"He was like, 'Of course you're
going to talk to CID, Mom. Of course you are.'" Smith smiles.
"He doesn't think people should be allowed to wear his uniform
and act like that. He's been in the war too and says it's no
excuse. They're better trained than that. That's what my son
thought. And he's not angry at his mom."