Summary
The applicant, a 44-year-old defense contractor, was denied a security clearance due to serious concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct) stemming from his sexual and physical abuse of his five-year-old autistic daughter in 2000. Despite undergoing therapy and counseling, the applicant failed to mitigate the security concerns associated with his past conduct, leading to the denial of his clearance.
Under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant sexually and physically abused his five-year-old autistic daughter in the Fall of 2000 (1.a). On about ten occasions, Applicant touched his daughter's inner thighs and genital area (1.b).
The judge denied the clearance. The government raised disqualifying conditions D.C. E2.A4.2.1, D.C. E2.A4.1.2.4, D.C. E2.A5.1.2.2, D.C. E2.A5.1.2.4. The judge applied mitigating conditions D.M. E2.A4.1.3.2, D.M. E2.A4.1.3.3, P.M. E2.A5.1.3.5. The decision turned on the following: The applicant engaged in inappropriate sexual conduct with his autistic daughter on multiple occasions, which constituted sexual behavior of a criminal nature; The applicant's admissions regarding physical abuse and his lack of candor raised serious questions about his judgment and reliability; The applicant's attempts to minimize his actions and rationalize his behavior were deemed unpersuasive and implausible.
Why the Applicant Was Denied
- The applicant engaged in inappropriate sexual conduct with his autistic daughter on multiple occasions, which constituted sexual behavior of a criminal nature.
- The applicant's admissions regarding physical abuse and his lack of candor raised serious questions about his judgment and reliability.
- The applicant's attempts to minimize his actions and rationalize his behavior were deemed unpersuasive and implausible.
Conditions Referenced
- D.C. E2.A4.2.1raisedSexual Behavior of a Criminal Nature Whether or Not the Individual Has Been Prosecuted
- D.C. E2.A4.1.2.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- D.C. E2.A5.1.2.2raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- D.C. E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress
- D.M. E2.A4.1.3.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- D.M. E2.A4.1.3.3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's rationalization raised serious questions regarding his judgment, responsibility, and truthfulness.
- P.M. E2.A5.1.3.5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or DuressThe applicant's lack of candor and minimization of his actions did not alleviate concerns regarding his vulnerability.
Key Rule Quoted
“Granting an applicant's clearance for access to classified information is predicated on a high degree of trust and confidence in the individual.”
Procedural Posture
- SOR issuedOct 15, 2004
- Answer filedNov 1, 2004
- Hearing held—Case decided on written record.
- Decision dateAug 26, 2005
Cite For
- Security Concerns Arising From Sexual Behavior Involving a Minor
- Impact of Personal Conduct on Security Clearance Eligibility
- The Necessity of Demonstrating Rehabilitation and Reliability for Security Clearance Approval