Summary
A 56-year-old engineer's security clearance application was denied under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from a 1983 conviction for Statutory Rape and the applicant's admission of an extensive pattern of deviant sexual activities spanning several decades, including additional child molestation offenses for which he was not prosecuted. The record also indicated a pattern of compulsive and high-risk sexual behavior over nearly 25 years.
Disqualifying conditions were raised concerning the applicant's criminal conduct and personal conduct, specifically regarding susceptibility to coercion or duress due to the undisclosed nature of his past actions. While mitigating conditions were considered, the judge ultimately found that the applicant failed to demonstrate that his past misconduct was sufficiently known to mitigate concerns about potential coercion or duress.
The applicant's sexual behavior was diagnosed as symptomatic of a personality disorder, further contributing to ongoing security concerns. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant was convicted of Statutory Rape and admitted to a pattern of deviant sexual activities over several decades.
- The applicant failed to prove that his misconduct was sufficiently known to alleviate concerns about susceptibility to coercion or duress.
- The applicant's sexual behavior was diagnosed as symptomatic of a personality disorder, raising ongoing security concerns.
Conditions Referenced
- D.C.13.araisedSexual Behavior of a Criminal Nature
- D.C.13.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- D.C.13.craisedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- D.C.13.draisedSexual Behavior Reflecting Lack of Discretion or Judgment
- E.C.15raisedConduct Involving Questionable Judgment
- E.C.16.eraisedConcealment of Information Creating Vulnerability to Exploitation
- J.C.30raisedCriminal Activity Creating Doubt About Judgment
- D.M.14.arejectedBehavior Occurred Prior to or During AdolescenceThe applicant's sexual behavior continued into adulthood.
- D.M.14.brejectedBehavior Happened so Long Ago or Under Unusual CircumstancesThe applicant's behavior was frequent and not under unusual circumstances.
- D.M.14.crejectedBehavior No Longer Serves as a Basis for CoercionThe extent of the applicant's past behavior was not known to those who hold him in high regard.
- D.M.14.drejectedSexual Behavior Is Strictly Private, Consensual, and DiscreetThe applicant's conduct did not reflect good judgment or discretion.
- E.M.17.dappliedAcknowledgment of Behavior and CounselingThe applicant has taken steps to reduce the likelihood of recurrence.
- E.M.17.erejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant's past behavior was not fully disclosed to those whose opinions he values.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 13, 2009
- Answer filedJun 1, 2009Applicant requested a decision on the written record.
- Hearing heldOct 27, 2009Hearing convened as scheduled.
- Decision dateNov 4, 2009
Cite For
- Security Concerns Related to a History of Sexual Misconduct Under Guideline D
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Criminal Conduct as a Basis for Security Clearance Denial Under Guideline J