Woman Can't Sue Halliburton Over Rape Because Of Cheney Policy

Mother Jones:

On Wednesday, Jamie Leigh Jones told a House Judiciary Committee her now-famous story about having been allegedly drugged and gang-raped two years ago by several coworkers shortly after arriving in Iraq as a contractor for KBR, an engineering and construction firm contracted with the military to provide logistical support to the troops. Jones' story has prompted widespread outrage, partly because the Justice Department and the military failed to prosecute her attackers, but also because it appears that Jones can't sue KBR for placing her in harm's way.

When Jones went to work for KBR in Texas, and later for its subsidiary, Overseas Administrative Services, she signed contracts containing mandatory binding arbitration clauses, which required her to give up her right to sue the companies and any right to a jury trial. Instead, the contracts forced Jones to press her case through private arbitration, which she did in 2006. In that forum, the company that allegedly wronged her pays the arbitrator who is hearing the case. For that she can thank Dick Cheney.

Read the whole story: Mother Jones

Comments

[imusintheevening]

The company sold the new program as an employee perk that would create an "open door" policy...a forum for resolving disputes without expensive and lengthy litigation.

Finally, the commission sent a letter to Cheney's office with a gentle reminder that the law required Halliburton to respond. Wall says that Cheney reportedly called the commission and basically told them to fuck off. Rather than turn over the documents, however, Halliburton shredded them. In a traditional civil lawsuit, judges have wide latitude to impose sanctions against a defendant for destroying evidence. They can tell a jury to assume that the information was extremely damaging to the defense. They can impose fines. They can find for the plaintiff and toss out the rest of the case to punish the other side, regardless of how strong the case was.

But when Pennington later went before the Halliburton arbitrator, the arbitrator dismissed his case, saying he had failed to produce sufficient evidence to support his claims, which, of course, was difficult to do after Halliburton had shredded part of his personnel file. The arbitrator made no mention of the evidence destruction. Wall protested the evidence destruction to the Texas Attorney General, Republican John Cornyn, who is now a U.S. senator, but Wall says Cornyn's office never investigated and no one was ever held accountable for it.

Cheney honed his talents well.

ANYONE FOR TORT REFORM?

[Kalima]

I really can't understand some of the comments here.
Rape is rape whether in Iraq,the U.S or anywhere
else in the world.The accused are American citizens
and if the story is true it is a disgrace to let these
guys get away with it.
Women in her situation often are too embarrrassed
to come forward to report this crime.She did report
it and look where it has landed her.
Stories like this only manage to disempower women
from their rights in the future.
I find this story and the treatment of her, beneath
contempt.

[Earl]

Nothing bad ever happens in the Magic Kingdom.

[Destin]

Just like those of us who joined the military, we have a phrase for what she did. "Signing your life away". People, especially civilians, need to understand exactly what's in these business "contracts" (99% are illegal under the Constitution).

Course, this is all par for the course for the administration, and corporate backers, who all think that they are above the law.

I say we get her some payback. Let's go rape Cheney's daughter as payback. Would Cheney give a shit then?? Of course not, he's stab his own wife and daughter in the back if it would get him just a mere 1% bonus to his end of year dividends.

[StillAmused]

Sue CHENEY, Ms. Jones.

The discovery proceedings alone, focusing on his blatant conflict of interest, will make GREAT television!

Even if it fails, a grateful nation will thank you. Probably the only compensation you'll ever receive.

[rwe]

Wait unitl the facts come out hufftards,,, this has all the makings of an AlSharpton­-TawanaBra­wly incident

[Boobaloo]

What did bigots and racists think their hate mongering policies wouldnt effect blond white women?

Here's a little lesson in human behavior: If you create an atmosphere where little Iraqi girls and women are raped and everyone makes all manner of excuses, like those perpetrators just a couple of bad apples, this atmosphere of chauvinism will eventually spread to the white women.

And if you create Christian Religious Militia and unleash them on a Muslim nation where they kill with immunity then this wild west mentality will spread to the militia protecting corporate interests.

I also think there is this arrogance that just b/c you're American entering a war zone that somehow the gods will protect your white ass, let this be a lesson that when entering a destroyed nation of raped brown muslim women, then white pseudo christian women will receive the same treatement: you will be raped, imprisoned and thrown away.

[rwe]

first you culd substitute Clinton as the accused rapist impeached one was neveer held accountable and second this is still alleged and there still seem to be some credibility disputes from the alleged rape...

[lornejl]

Gang rape, torture, and fascism, is a small price to pay in order to spread freedom.

[lornejl]

A reporter asked dumbya what he would do if one of his daughters was gang raped, he said he would be upset, and pretty much left it at that.

[Edsa]

My heart bleeds as this brave, patriotic amazon was hurt trying to uphold whatever it is that is being upheld in that part of the world.

But I am not rushing to get involved in the issue just yet. This is an internal matter among war-loving conservatives. Don't they have a system to protect the honor of womanhood? Let those codes handle this issue.

[ZingoBonMot]

You know, for someone holding a job that's "not worth a bucket of warm spit", The Dick sure does seem to wield an inordinate amount of power.

[lornejl]

No accountability, ever, that is the neo-con creed, traitors to America, they should all be dragged out into the street,like dogs, and hung by the neck until they are dead. I've never seen anyone drag a dog out into the street and hang em, it must be metaphorical.

[oogabooga]

Two things puzzle me about this story. I thought rape was a crime first, a civil case second. How can you arbitrate gang rape? It's a vicious crime. Why has no one been arrested? Second, where are the women's groups on this? It used to be that rape and abuse of women was a huge issue, and guys who beat up girlfriends or wives were sent to prison. Why aren't the feminists screaming at the top of their lungs about this case? Why is the press ignoring this case? Are they afraid of Cheney? Is rape no longer a big issue? What's the deal. Please enlighten me.

[geobushono]

collateral damage....i wonder if she likes her repug war machine now??..after all she was in it for the money and got raped.
some people were in it for the money and got killed.....