Summary
A 59-year-old male defense contractor applicant was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from his 1994 conviction for sexually abusing his three stepdaughters, then ages eight, ten, and twelve, over nearly a year in 1993/94. He was convicted of three counts of Lewd or Lascivious Acts with a Child Under 14 and served three years in prison.
Additionally, the applicant was charged in April 1986 with a Lewd and Lascivious Act with a Child. In a 2005 statement to a Defense Security Service Special Agent, he described two neighborhood girls, ages five and seven, unexpectedly entering his bedroom and seeing him naked while he was changing.
The judge found that the applicant failed to mitigate the security concerns related to his criminal conduct, sexual behavior, and personal conduct. The denial was based on his conviction for abusing three minors, his admission to multiple instances of sexual misconduct, and his failure to demonstrate rehabilitation. His continued minimization of past conduct indicated a lack of accountability and a risk of re-offending.
Why the Applicant Was Denied
- The applicant was convicted of sexually abusing three minors, which raised significant security concerns.
- He admitted to multiple instances of sexual misconduct and failed to demonstrate rehabilitation or mitigation of these concerns.
- The applicant's continued minimization of his past conduct indicated a lack of accountability and risk of re-offending.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- DC 4raisedPersonal Conduct or Concealment of Information That Increases Vulnerability to Coercion
- MC 1rejectedThe Criminal Behavior Was Not RecentThe applicant's criminal conduct spanned many years and included multiple victims.
- MC 4rejectedFactors Leading to the Violation Are Not Likely to RecurThe applicant's history of sexual abuse and lack of ongoing treatment raised concerns about future conduct.
- MC 6rejectedClear Evidence of Successful RehabilitationThe applicant had not participated in treatment since 2000 and minimized his past actions.
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 issuedSep 27, 2005
- Answer filedOct 20, 2005
- Hearing heldJan 19, 2006
- Decision dateMar 27, 2006
Cite For
- Denial of Clearance Due to a History of Sexual Abuse Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Failure to Demonstrate Rehabilitation in Cases of Serious Criminal Behavior Under Guideline E.