Santa Fe New Mexican

Sex assault discipline still an issue

Reports reach new high, but estimates assume 1 in 3 victims speaks up

- By Craig Whitlock

For the U.S. Air Force, the case of alleged sexual harassment and assault by a senior officer was exactly the type of misconduct Pentagon leaders had promised Congress and the public they would no longer tolerate.

The victim at Maxwell-Gunter Air Force Base in Alabama reported in September 2015 that her married boss, a colonel, had repeatedly said he wanted to have sex with her, tracked her movements and sent her recordings of him masturbati­ng in the shower, documents show. She said that she told him to back off but that he would not stop: Twice, she alleges, he trapped her in the office, grabbed her arms and forcibly tried to kiss her.

Air Force investigat­ors quickly confirmed much of her account, aided by hundreds of messages that the officer had texted the woman and by his admission that he had sent the masturbati­on recordings, the documents show.

In their report, the investigat­ors compiled extensive evidence that the colonel, Ronald Jobo, had committed abusive sexual contact against the woman, a civilian in her 30s. Under military law, the charge would have automatica­lly resulted in a court-martial, a proceeding open to the public. The crime carried a sentence of up to seven years in prison and a requiremen­t to register as a sex offender.

The decision on what to do next rested with a three-star general 600 miles away at Wright-Patterson Air Force Base in Ohio. In the military-justice system, commanders — not uniformed prosecutor­s — have the power to dictate how and whether criminal cases should be pursued.

In March 2016, Lt. Gen. John Thompson, the senior officer in Jobo’s chain of command, decided against charging Jobo with abusive sexual contact, or any crime at all. Instead, Thompson imposed what the military calls nonjudicia­l punishment, or discipline for minor offenses.

Jobo was forced to retire and demoted one rank, to lieutenant colonel. Because the military keeps most disciplina­ry actions secret, the case was hidden from public view.

There would be no trial, no publicity and no public record — the same for thousands of other sexual assault investigat­ions each year in the armed forces.

An examinatio­n of the Jobo investigat­ion, based in part on an internal 400-page law enforcemen­t case file obtained by The Washington Post, casts doubt on the military’s promises to crack down on sexual misconduct and hold commanders accountabl­e for how they administer justice.

“This kind of case cries out to be court-martialed,” said retired Col. Don Christense­n, a former chief prosecutor for the Air Force who is now president of Protect Our Defenders. The group advocates for sexual assault victims in the armed forces and has lobSEVASTO­POL, bied for uniformed prosecutor­s, instead of commanders, to oversee cases. “It just cries out for someone to be held accountabl­e in a public forum.”

Jobo retired from the Air Force last year. He declined requests for an interview. ”

In an interview with The Post, the woman said she felt betrayed by the general’s decision. “Disappoint­ment is probably an understate­ment. I felt strongly that Colonel Jobo should be held accountabl­e,” she said, speaking on the condition of anonymity to protect her privacy.

Last year, the number of reported sexual assaults — defined as acts ranging from wrongful sexual contact to rape — reached 6,172, a new high.

The Pentagon has called the increase a sign of progress, saying that more victims are coming forward because they are confident that offenders will be held accountabl­e. Still, only about 1 in 3 victims last year reported being assaulted, according to military estimates.

More than 90 percent of reported incidents, however, are investigat­ed and adjudicate­d behind closed doors, Pentagon statistics show. Last year, only 389 sexual assault cases proceeded to trial and produced public records of what happened.

Lawmakers have started to pay close attention to how commanders deal with sexual assault and harassment. In 2013, members of the Senate raised an outcry after learning of two separate cases in which Air Force lieutenant generals had granted clemency to convicted sex offenders. Both generals retired under pressure.

Thompson personally assured the woman at Gunter that he would take her case seriously. “He told me he was going to treat me like his daughter,” she told The Post.

On March 24, 2016, Thompson made up his mind. There would be no criminal charges.

Instead, he ordered that Jobo be discipline­d for attempted abusive sexual contact, assault consummate­d by a battery and conduct unbecoming an officer. None of those offenses required a court-martial.

Meanwhile, the woman took another job with the Air Force in a different state.

Air Force officials said that Jobo was subsequent­ly forced to retire and that a review board determined that he should be demoted to lieutenant colonel.

Jobo, now 49, retired effective October 2016. He will receive a military pension for the rest of his life.

It is now worth about $72,000 a year.

 ?? ROB CARR/ASSOCIATED PRESS FILE PHOTO ?? The case of alleged sexual harassment and assault by a senior officer at Maxwell-Gunter Air Force Base was exactly the type of misconduct Pentagon leaders had promised Congress and the public they would no longer tolerate. The officer received the...
ROB CARR/ASSOCIATED PRESS FILE PHOTO The case of alleged sexual harassment and assault by a senior officer at Maxwell-Gunter Air Force Base was exactly the type of misconduct Pentagon leaders had promised Congress and the public they would no longer tolerate. The officer received the...

Newspapers in English

Newspapers from United States