Halliburton/KBR Attacks Employee Gang-Raped On Their Watch

How is being gang-raped by colleagues a legitimate "distinct risk" of working for a defense contractor?

I'm sure you've heard the story of Jamie Leigh Jones, the Halliburton/KBR employee who was drugged, gang-raped, and abused by her coworkers while in Iraq, and then locked in a shipping container and threatened by the company in an attempt to zip her mouth shut. KBR's rape-permissive environment left the men so confident that they wouldn't be punished, one didn't even bother leaving and was still in Jones' room when she awoke, mutilated and violated.

To cover their asses, KBR alleged that Jones could not sue her employer for a gross disregard for her safety due to the terms of her contract requiring private arbitration. So she sued to be allowed to sue. And the courts ruled that Jones is free to sue away -- the arbitration provision only covers legitimate work-related issues, and being gang-raped by colleagues was definitely not a distinct risk of her employment. In a little more finger-wagging, the courts pointed out that if KBR had actually considered this a distinct risk, they would have given Jones the private, women-only sleeping quarters she requested.

Now, KBR is headed to the Supreme Court to get this ruling overturned. And their awesome new tactic is to attack Jones' credibility, calling her a liar and self-promoter who "sensationalize[d] her allegations ... in the media, before the courts, and before Congress." Seriously, how dare she tell Congress on them? Clearly KBR is smarting from Al Franken's amendment penalizing companies that keep sexual assault victims from pursuing their claims in court.

It's hard for drugging, gang-rape, and being locked in a shipping container sans food or water (oh wait, apparently they were just providing her with safe quarters) not to be sensational. But KBR's accusations that parts of Jones' story are "demonstrably false" are really interesting. As Mother Jones points out, if all this comes from Jones' imagination, why are they so afraid to let her sue them in public courts? Sure, private arbitration is way stacked in KBR's favor, but it's not like she can afford a better lawyer than them, so her claims will have to hold up in court well. And since KBR is now synonymous with evil in many people's minds, letting her sue them and then slamming her tale down would clean up their image.

After all, we're not even discussing right now whether Jones's allegations are accurate and she deserves reparations from KBR. All that's at stake is her right to sue them for being violated on their watch, the verdict for which could go either way -- whether the rape claim is true or not doesn't matter at this juncture. If she's a big, fat liar, KBR can prove it then for all the world to see! But, obviously, KBR is afraid to let Jones have her day in court because they know how strong her case really is.

Photo credit: friendofdurruti