Attys: Iraq Rape Case Belongs in Court (former KBR employee)

[babylonsister]

Attys: Iraq Rape Case Belongs in Court

By JUAN A. LOZANO – 10 hours ago


HOUSTON (AP) — A woman who says co-workers raped her while she was a contractor in Iraq should have her case tried in court, not settled in private arbitration, her lawyer told a federal judge Wednesday.

In a federal lawsuit, Jamie Leigh Jones says she was drugged, raped and held against her will in a storage locker while working for KBR Inc., then a subsidiary of Halliburton Co., in 2005.

As part of her employment, Jones agreed to settle claims against the company in arbitration. But she never imagined such claims would include being imprisoned in a storage locker, said one of her attorneys, L. Todd Kelly.

Attorneys for Halliburton and KBR argued that the contract Jones signed binds her to settle all claims — including claims of sexual assault — against her former employer through arbitration.

Halliburton attorney W. Carl Jordan said that because the purported attack is said to have happened in Halliburton-provided barracks, it ties any claims Jones makes to her employment.

more...

http://ap.google.com/article/ALeqM5jSljVWkGbW8pTmFMhIdc0B6qCgagD8V7MJ8G0

[Iris]

1. I don't understand why that was aribtrated. I mean, she couldn't file charges of sexual assault

against the company; it would have been the individuals who raped her.

[babylonsister]

2. She signed the contract KBR presented, but never

thought she couldn't defend herself against rape under the agreement. I think that's what's being contested. That agreement should be null and void due to the heinous nature of this crime.

Just my take on it; I hope someone else chimes in and gives us their opinion. I'm no lawyer.

[Iris]

3. I certainly doubt it's legal for a company to make employees arbitrate felonies with them.

I hope so, anyway.

[ljm2002]

4. Utterly despicable!

So KBR is now trying to sweep CRIMINAL ACTS under the rug by insisting on binding (and non-public) arbitration.

I don't care what contract she signed: it cannot keep criminal acts from being handled by the criminal justice system. If it could, then every corporation in the country could use their contracts to suppress the truth while they go on their merry crime sprees.

Oh. Wait...

No but seriously. My understanding of the criminal law is that you cannot legally stop someone from reporting an actual crime, nor from having it heard in court. You certainly cannot by virtue of a contract, simply wave away any criminal liability you might have.

[babylonsister]

5. That was probably the intent of the document to begin with.

By their reasoning, KBR can not be accused of any wrongdoing, from anyone, nor can their employees. I hope this is fought to the full extent. If it isn't, no crime would have to ever be acknowledged.