Issue Encyclopedia · Guideline D · Sexual Behavior
Criminal Sexual Conduct (D-side)
Does criminal sexual conduct (d-side) affect a security clearance?
Basis: 270 decided hearing-level cases raising this issue. Descriptive history of decided cases, not a prediction.
Decided cases
270
hearing-level decisions raising this issue
Granted
13%
34 granted · 236 denied or revoked
Official mitigating conditions cited
| Condition | In granted cases | In denied cases |
|---|---|---|
| ¶ 14(b) · So long ago, so infrequent, or so unusual that it is unlikely to recur | 19 | 10 |
| ¶ 14(c) · No longer a basis for coercion or pressure | 12 | 3 |
| ¶ 14(d) · Private, consensual, and discreet | 8 | 3 |
| ¶ 14(e) · Treatment completed or under way, with a favorable prognosis | 5 | 1 |
| ¶ 14(a) · The behavior was adolescent, with nothing similar since | 3 | 3 |
¶ 14(b) · So long ago, so infrequent, or so unusual that it is unlikely to recur
- In granted cases
- 19
- In denied cases
- 10
¶ 14(c) · No longer a basis for coercion or pressure
- In granted cases
- 12
- In denied cases
- 3
¶ 14(d) · Private, consensual, and discreet
- In granted cases
- 8
- In denied cases
- 3
¶ 14(e) · Treatment completed or under way, with a favorable prognosis
- In granted cases
- 5
- In denied cases
- 1
¶ 14(a) · The behavior was adolescent, with nothing similar since
- In granted cases
- 3
- In denied cases
- 3
Circumstances credited in granted cases
- successful rehabilitation · credited in 3 granted cases
- no longer serves as basis for coercion · credited in 1 granted case
- no subsequent similar conduct · credited in 1 granted case
- no evidence of emotional instability · credited in 1 granted case
- remorse and rehabilitation · credited in 1 granted case
Recent decided examples
the conditions that could mitigate security concerns. The administrative judge considered several mitigating factors, including the fact that the applicant's misconduct occurred during his adolescence…
The applicant in this case was a 28-year-old employee of a defense contractor, who had been employed since March 2023. The Department of Defense issued a Statement of Reasons (SOR) alleging security c…
The applicant's security clearance was denied due to unresolved security concerns under Guidelines D, J, and E. The allegations included felony sexual assault on a minor, multiple criminal conduct cha…
The case involves an applicant who was denied security clearance due to unresolved criminal charges related to online solicitation of a minor, alongside allegations of sexual behavior and personal con…
Related issues under Guideline D
How these numbers are measured
Scope: decided hearing-level cases whose per-allegation profile records this issue, matched to the same issue value the search filters use, so a count here and a filtered search always agree. A case raising several issues counts under each one. The mitigating conditions and the credited circumstances below were extracted for a subset of the record, so both are counts of cases rather than rates. Pages exist only for issues with at least 25 decided cases, and † marks any split built on fewer than 20.
Reading the statistics
- Granted = access granted or continued; Denied = denied or revoked.
- Grant rate = granted ÷ (granted + denied).
- † marks figures based on fewer than 20 cases, too few to be reliable.
- Hovering any rate shows its statistical range (a 95% confidence interval).
- Figures are descriptive counts over decided, public DOHA ISCR decisions, never predictions or assessments of any pending case.
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