Summary
The applicant, a 48-year-old defense contractor, sought to retain his security clearance despite a history of sexual misconduct involving minors, including two arrests in 1975 and 1995 for various sexual offenses. The judge found that the applicant's ongoing diagnosis of pedophilia and lack of completed rehabilitation raised significant concerns about his judgment and trustworthiness, leading to the denial of his security clearance.
Under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant is alleged to have been arrested in September 1975 while stationed abroad, and charged with Indecent Act with a Minor, received a written reprimand, and advised to seek counseling (1.a). Applicant is alleged to have asked an eight-year old to perform fellatio on him, and on two other occasions masturbated in front of the juvenile in approximately 1975, which resulted in his 1975 arrest (1.b). Applicant is alleged to have been arrested on February 15, 1995 in State A and charged with third degree, sexual offense (two counts), fourth degree, sexual offense (two counts), assault and battery (two counts), and child abuse (two counts), found guilty of fourth degree, sexual offense (two counts), in violation of Art. 27, Sec. 464 (I), Ann. Code of State A, and sentenced to one year in jail (suspended), awarded five years of supervised probation (to continue until 2002), fined $830.00, including court costs, ordered to enroll and complete a sex offenders program, and have no contact with any female under 16 years of age, the remaining counts were nolle prossed, and he was registered as a sex offender in State A (1.c). Applicant is alleged to have been receiving counseling from Ms. X, a certified professional counselor in State A, from approximately September 1996 to at least June 1997, for a diagnosed Pedophilia condition, with treatment expected to be on-going until completion of his probation or such time as it is recommended to the court that he has been rehabilitated (1.d). Applicant is alleged to have exposed himself, fondled minor females, and permitted these minors to watch pornographic movies in his home, with varying frequency, which resulted in his 1995 arrest (1.e). Applicant is alleged to have been arrested in September 1975 while stationed abroad, and charged with Indecent Act with a Minor, received a written reprimand, and advised to seek counseling (1.a). Applicant is alleged to have asked an eight-year old to perform fellatio on him, and on two other occasions masturbated in front of the juvenile in approximately 1975, which resulted in his 1975 arrest (1.b). Applicant is alleged to have been arrested on February 15, 1995 in State A and charged with third degree, sexual offense (two counts), fourth degree, sexual offense (two counts), assault and battery (two counts), and child abuse (two counts), found guilty of fourth degree, sexual offense (two counts), in violation of Art. 27, Sec. 464 (I), Ann. Code of State A, and sentenced to one year in jail (suspended), awarded five years of supervised probation (to continue until 2002), fined $830.00, including court costs, ordered to enroll and complete a sex offenders program, and have no contact with any female under 16 years of age, the remaining counts were nolle prossed, and he was registered as a sex offender in State A (1.c). Applicant is alleged to have been receiving counseling from Ms. X, a certified professional counselor in State A, from approximately September 1996 to at least June 1997, for a diagnosed Pedophilia condition, with treatment expected to be on-going until completion of his probation or such time as it is recommended to the court that he has been rehabilitated (1.d). Applicant is alleged to have exposed himself, fondled minor females, and permitted these minors to watch pornographic movies in his home, with varying frequency, which resulted in his 1995 arrest (1.e). Applicant is alleged to have engaged in a history or pattern of criminal activity (based on his sexual behavior) which casts doubt about his judgment, reliability and trustworthiness (1.f).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 4. The decision turned on the following: The applicant has a persistent pattern of engaging in inappropriate sexual behavior with minors since at least 1975; He was diagnosed with pedophilia and has not completed his counseling or probation, raising doubts about his rehabilitation; The applicant's actions have significant moral and trust implications that are security significant.
Why the Applicant Was Denied
- The applicant has a persistent pattern of engaging in inappropriate sexual behavior with minors since at least 1975.
- He was diagnosed with pedophilia and has not completed his counseling or probation, raising doubts about his rehabilitation.
- The applicant's actions have significant moral and trust implications that are security significant.
Conditions Referenced
- DC 1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- DC 4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment.
Key Rule Quoted
“The Government must be able to repose absolute trust in those it privileges to have access to facilities that house classified information.”
Procedural Posture
- SOR issuedSep 24, 1997
- Answer filedOct 21, 1997Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 31, 1998
Cite For
- Denial of Security Clearance Due to a History of Sexual Misconduct with Minors
- Impact of Diagnosed Pedophilia on Security Clearance Eligibility
- Importance of Completed Rehabilitation in Security Clearance Determinations