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Sexual Assault Is a Crime, Not a Labor Dispute, Unless of Course You Work for Halliburton/KBR [VIDEO]

Posted by Lucinda Marshall, Feminist Peace Network at 11:02 AM on February 7, 2008.


The notion that sexual assault cannot be tried as a criminal matter but is treated as a labor dispute is simply beyond belief.
Halliburton Rape Report

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The notion that sexual assault cannot be tried as a criminal matter but has to be arbitrated in secret arbitration and treated as a labor dispute is simply beyond belief. But then again, defending democracy by making a mockery of it is what Halliburton/KBR is all about:

"A mother of five who says she was sexually harassed and assaulted while working for Halliburton/KBR in Iraq is headed for a secretive arbitration process rather than being able to present her case in open court.
A judge in Texas has ruled that Tracy Barker's case will be heard in arbitration, according to the terms of her initial employment contract.
Barker says that while in Iraq she was constantly propositioned by her superior, threatened and isolated after she reported an incident of sexual assault."
But it is what the judge in the case said that is most disturbing:
"District Judge Gray Miller, however, wrote in his order that "whether it is wise to send this type of claim to arbitration is not a question for this court to decide.""
"Sadly," wrote Judge Miller, "sexual harassment, up to and including sexual assault, is a reality in today's workplace."
And this in what way would have any bearing on it being a criminal offense? But wait for it...

It gets worse:
"Barker's case had also involved a claim of sexual assault against a State Department employee. Those claims have been severed from her case against Halliburton/KBR and transferred to the Eastern District of Virginia."
Yes, you read that correctly, if a Halliburton/KBR goon commits sexual assault they are not subject to the same criminal proceedings as the same charges brought against a State Department employee.

So there you have it-we are officially fighting terrorism and defending freedom by paying private companies exhorbitant amounts of money and allowing them to terrorize our own citizens and deny them their civil liberties. And it's all legal. Talk about a classic case of the best democracy money can buy.

Editor's Note: The video to your right aired on 20/20 this past December and it features Barker and another victim of rape by Halliburton emplopyees, Jamie Leigh Jones, telling their horrifying stories.

Digg!

Tagged as: rape, halliburton, bush administration, kbr, jones, barker

Lucinda Marshall is a feminist artist, writer and activist. She is the Founder of the Feminist Peace Network. Her work has been published in numerous publications in the U.S. and abroad including, Counterpunch, AlterNet, Dissident Voice, Off Our Backs, the Progressive, Countercurrents, Z Magazine, Common Dreams, In These Times and Information Clearinghouse. She also blogs at WIMN Online and writes a monthly column for the Louisville Eccentric Observer.


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Where are the politicians?
Posted by: heyhick on Feb 7, 2008 1:38 PM   
Current rating: 5    [1 = poor; 5 = excellent]
This gal has been in front of congress; weeks if not months ago. Where the hell is the congressional investigation? What the f*&k is Prez Bush doing about this. Where is the friggin outrage. Where is Hillary? Where is Diane? Where is Barbra? Where is NOW?
Friggin shameful.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Where are the politicians? Posted by: JSquercia
» RE: Where are the politicians? Posted by: blitzmesser
20/20 story introduction blows
Posted by: heyhick on Feb 7, 2008 1:44 PM   
Current rating: 3    [1 = poor; 5 = excellent]
They treat this hideous reality like they're selling Superman, rated R for sexual content. Come on 20/20...this ain't action drama. This ain't tabloid. Where is the f*&king decorum?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

This is a fundamental right - not a business deal
Posted by: grolaw on Feb 7, 2008 4:13 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Arbitration has been expanded to the detriment of every consumer, worker and regular person.

This case should be heard in a public court - not in a private arbitration with limited (or, no) discovery and secret standards.

The Arbitration Act was designed for business - big business - to resolve that boatload of bananas that will rot if the buyer defaults. It is not a proper mechanism for deciding sexual assault - civil or criminal. It is not a proper mechanism for a consumer to use to contest a $20.00-$20,000.00 bill. It is not proper in employment litigation, lemon cars, credit, doctors and lawyer malpractice and the host of other applications of this blunt instrument.

It was never supposed to be used where the parties were not roughly on equal footing.

There are bills introduced every term to limit Arbitration - now is the time to change the law - perhaps this woman can still have some semblance of justice. Write your representatives!

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Work for a rapist get raped.
Posted by: mbruton on Feb 8, 2008 1:28 AM   
Current rating: 1    [1 = poor; 5 = excellent]
I find it hard to have sympathy for an employee of a company that is raping an entire nation when suddenly the tables are turned on her. All employees of rapist corporations in Iraq deserve te same treatment, male and female alike. God fuck America!

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» NO ONE deserves rape! Posted by: harryf200
» RE: Work for a rapist get raped. Posted by: blitzmesser
» RE: Retraction. Posted by: mbruton
Surprise?
Posted by: packofwolves on Feb 8, 2008 4:38 AM   
Current rating: 5    [1 = poor; 5 = excellent]
And we are surprised by this? When you live in a world where the president is a corrupt lying alcoholic and corporations rule, what do you expect? What tells me that we are really in trouble is when a judge - a judge mind you - is no longer a protector of citizens but a protector of corruption and injustice. We're in for a horrifying ride as this country rots from the inside out.

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HuffPo's headline was that the Barker Case had been "killed"
Posted by: wagadog on Feb 8, 2008 6:59 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Top legal effing expert Arianna Huffington's headline was that the Barker case was "killed" just because some a-hole judge in Texas sent it back to arbitration.

In the case that this poor woman is not going to see the criminal act of rape prosecuted criminally (a crime in and of itself) her only recourse is to pursue her civil rights under the EEOC

But in ANY EEOC case, you HAVE TO exhaust your internal remedies first, and this would be all grievance procedures and arbitration services offered.

And, after arbitration, she can file with the EEOC, since you CAN NOT sign away your civil rights in ANY employment contract, no matter what the contract says.

If a clause in a contract compels you to break the law, that aspect of the contract is simply invalid.

Same with "binding arbitration" with respect to civil rights grievances. The employers that try this on are just plain full of shit, and they need to be taught a few lessons.

Especially here in Texas.

Barker needs a new lawyer, and to sue her old one for not pursuing her case vigilantly. His ass should be disbarred.

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This is what happens...
Posted by: Quannah on Feb 8, 2008 9:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
when Bush has appointed 30% of the federal judiciary. His cronies have infliltrated the courts and the result is insane rulings like this one. And the problem doesn't stop there. These people are appointed for life! We're going to have to live with these types of decisions for at least a generation.

The damage Bush has done to our country hasn't even begun to surface. Just wait a few years. This will seem tame compared to what's coming down the road.

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» RE: This is what happens... Posted by: Lauren
USA with out Justice criminal government
Posted by: vickymiss2001 on Feb 8, 2008 10:47 AM   
Current rating: 3    [1 = poor; 5 = excellent]
This story is worst the how the Saudi government treated the gang rape victim we all heard about. In my and my friends experience America says they have woman's rights but the reality is they just deny them access to the legal justice system.

Where are the woman's rights communities? How about the men or religious leaders? How come when black woman are raped the black community stands up for them and protect them and when white woman are raped no one comes to their aid?

If Obama becomes president we should insist that people like Al Sharptin and others who stand up for woman are in government to stand up for all races of woman like they do black woman. And then get rid of the same old white guys who are backing Obama who careless about human rights especially woman.

Then people should pull their support from organizations like Now and Hilary if they don't take a leadership position on woman's rights. Especially the basic right protecting us from tort crimes such as rape or murder. this is ridiculous that they fight over minimum wage yet they don't care while many woman in America are raped sold in sex trade and murdered and assaulted and these are known and reported and the government won't recognize these crimes ( when they are against woman) as crimes... So that should be the priority before anything else is how to make the government recognize abuse against woman as a crime. And they should be penalized when they refuse to prosecute or investigate.

They also need to separate men from woman in those kinds of situations if the men can't control themselves obey the law and the USA does not want to jail rapist and criminals.

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The laws of our land...
Posted by: jvaljon1 on Feb 8, 2008 4:52 PM   
Current rating: 5    [1 = poor; 5 = excellent]
...are no more. What happened to Tracy Barker is a Federal Crime under Title VII of the 1964 Civil Rights law. For the judge to state that "it is not for this court to decide", when it's his JOB to decide, according to THE LAW OF THE LAND--tells me that I'm not in America any more... that instead, the once-proud legal light of the world has turned (under the aegis of eight years of Bush) into a banana republic, where only his cronies have any say in anything at all.

America was only always, about its laws. Now that those laws are being ignored by the judges charged with upholding them--now what?!

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What probably would help...
Posted by: jvaljon1 on Feb 8, 2008 5:00 PM   
Current rating: 5    [1 = poor; 5 = excellent]
is if reputable reporters took up the story. The only three worth listening to today--where when you hear them, you know you're getting news, not spin, are: Christiane Amanpour, Anderson Cooper, and Michael Ware. Ware's an Aussie--Amanpour seems to have gone away (Pity--I miss her always thorough reporting).

That leaves us in the capable hands of Anderson Cooper. Now if HE took up the story, with a couple of special reports, of Tracy Barker's physical and now legal rape--especially in this election year--I bet that he could make the 'powers that be' stop shoving the poor girl under the rug.

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