Contractor’s Rape Charge Dropped But Still Denied Clearance Eligibility

A recent Department of Energy (DOE) Office of Hearing and Appeals case caught my eye because it involved a forcible rape criminal charge that was eventually dismissed, however, the applicant was still denied eligibility for a security clearance. Why was the applicant denied if the criminal charges were dismissed? The adjudication process for national security is an administrative procedure that does not require the same standards of evidence that a criminal case does. The adjudicator reviews all of the information and determines whether there is a reasonable probability that the conduct occurred. Here are the details of the case.

The applicant had submitted his SF-86 a month before he was arrested and charged with forcible rape and other charges associated with an incident in which he had forcibly had sex with an 18-year-old girl who was intoxicated while attending a party at a friend’s house. Afterwards, the girl became distraught, and the police were called and opened an investigation. The applicant initially denied having had sex with her, but over the course of multiple interviews in which he provided different versions of what had happened, he eventually admitted to having had sex with her, but still denied he had forced himself on her. He was subsequently arrested and charged with seven criminal offenses.

Although the criminal charges were eventually dismissed, the DOE judge in this case found there was a reasonable probability that the applicant had committed a sexual crime. The fact that the applicant had lied to the police on multiple occasions and was not completely forthcoming about the incident was also noted. During his appeal, the applicant brought no witnesses that would corroborate his version of what happened. The criminal and sexual conduct concerns were not mitigated – clearance eligibility denied.