Summary
A 54-year-old defense contractor was denied a security clearance due to a history of deviant sexual conduct, criminal conduct, and personal conduct issues, falling under DOHA Guidelines D, E, and J. The denial stemmed from a 1998 conviction for sexual battery against his 17-year-old stepdaughter, which resulted in five years of probation. This conviction was based on multiple reported acts of sexual abuse occurring between May 1997 and May 1998.
The applicant's history included a range of concerning behaviors, such as sexual abuse of children, bestiality, and incest. Specific allegations detailed an extended history of deviant sexual conduct involving himself, a boyhood friend, a transvestite, a homosexual stranger, his child, his stepchild, other children, his sister, and a family pet. His first sexual experience occurred at age 15, and his conduct progressed to numerous incidents of inappropriate sexually-oriented touching of minor children, some as young as six, both as a juvenile and an adult. He also engaged in sexual intercourse with his 27-year-old sister around age 40.
The judge found that the applicant failed to mitigate the security concerns raised by his sexual, personal, and criminal conduct. He did not demonstrate rehabilitation or provide sufficient evidence that his conduct was unlikely to recur, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a long history of deviant sexual conduct, including sexual abuse of minors and bestiality.
- He was convicted of sexual battery against his stepdaughter and placed on probation.
- The applicant did not demonstrate rehabilitation or that his conduct was unlikely to recur.
Conditions Referenced
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 2raisedCompulsive or Addictive Sexual Behavior
- DC 3raisedSexual Behavior That Causes Vulnerability to Coercion
- DC 4raisedSexual Behavior of a Public Nature
- DC 1raisedAllegations or Admissions of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedReliable, Unfavorable Information
- DC 4raisedPersonal Conduct That Increases Vulnerability to Coercion
- MC 1rejectedBehavior Occurred During or Prior to Adolescence
- MC 2rejectedBehavior Was Not Recent
- MC 3rejectedNo Other Evidence of Questionable Judgment
- MC 4rejectedBehavior No Longer Serves as a Basis for Coercion
- MC 1rejectedCriminal Behavior Was Recent
Key Rule Quoted
“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedNov 13, 2003
- Answer filedDec 19, 2003Requested decision based on written record without a hearing.
- Hearing held—
- Decision dateJul 2, 2004
Cite For
- Security Concerns Related to a History of Deviant Sexual Conduct
- Impact of Criminal Convictions on Security Clearance Eligibility
- Failure to Demonstrate Rehabilitation in Cases of Sexual Offenses