Summary
The applicant, a federal contractor and military veteran, faced security concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct) due to a history of deviant sexual conduct, including incest and the use of child erotica. Despite his claims of having not engaged in such behavior for several years and undergoing counseling, the judge found that he failed to demonstrate that the behavior was unlikely to recur, leading to a denial of his security clearance.
Under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Over the course of several decades, he has engaged in deviant sexual conduct, to include incest with both of his sisters and masturbating to child erotica and anime with his minor children present in the room (1.a). You have expressed concerns about becoming a sexual abuser (1.b). From 1995 to 2009, he read and masturbated to sexually-explicit stories involving children between the ages of 5 and 17 (1.c). From 2002 to 2010, 'approximately once every one or two weeks,' Applicant masturbated while in the same room as his minor daughters while reading sexually-explicit stories involving children (1.d). From 2000 to 2002, Applicant viewed and masturbated to online cartoons or comics depicting minors engaging in sexual activity (1.e). On two occasions in 2009, including a week before his first OGA interview, Applicant was sexually aroused when his then two-year old daughter sat on his lap and 'wiggled around.' (1.f). The CPS investigation and results of the investigation (1.g). You have expressed concerns about becoming a sexual abuser (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 13(b), AG ¶ 13(c), AG ¶ 13(d). The decision turned on the following: The applicant engaged in deviant sexual conduct, including incest and masturbation to child erotica, which raised significant security concerns; He failed to establish that his deviant behavior was unlikely to recur or that it no longer posed a risk of undue influence.
Why the Applicant Was Denied
- The applicant engaged in deviant sexual conduct, including incest and masturbation to child erotica, which raised significant security concerns.
- He failed to establish that his deviant behavior was unlikely to recur or that it no longer posed a risk of undue influence.
Conditions Referenced
- AG ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedSexual Behavior That Reflects Lack of Discretion or Judgment
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedNov 19, 2014
- Answer filedDec 16, 2014
- Hearing heldMay 21, 2015scheduled with agreement of parties
- Decision dateOct 27, 2015
Cite For
- Denial of Security Clearance Due to History of Deviant Sexual Conduct Under Guideline D
- Failure to Mitigate Security Concerns Related to Personal Conduct Under Guideline E
- Importance of Demonstrating That Past Behavior Is Unlikely to Recur for Clearance Eligibility.