By: MLAA
According to documents obtained by Maritime Legal Aid & Advocacy (MLAA) from the U.S. Coast Guard (USCG) via the Freedom of Information Act, a USCG licensed Merchant Marine Officer who was convicted on child molestation charges in Washington State after sexually abusing his daughter over the course of at least one year had a “Letter of Warning” put into his U.S. Coast Guard file, but did not receive any suspension or revocation of his Merchant Mariner Credentials or License (USCG Enforcement Activity #736990).
The USCG licensed officer was convicted of the crime of “Indecent Liberties” with his daughter, Revised Code of Washington 9A.44.100 (1)(b), which states:
(1)(b) A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another when the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
The USCG accepted documents provided to the mariner from a court ordered treatment program in establishing the fact that the mariner was at a “low risk to reoffend,” and therefore not a danger to other mariners.
The USCG also stated in the Letter of Warning that “a warning rather than a formal proceeding against your license will best serve justice.”
The USCG Letter of Warning Stated, in part:
Documents provided by you from your treatment program indicate that you are considered to be a low risk to reoffend. Review of Coast Guard records has found no apparent previous Coast Guard Suspension or Revocation proceedings have been taken against your right to hold a Coast Guard Document or License.
In consideration that a warning rather than a formal proceeding against your license will best serve justice, you are hereby given a written warning for your conduct as set forth above. You are advised that this warning will become a part of your record at Coast Guard Headquarters, Washington, D.C., and will be considered at any future proceedings involving your license. If you feel this warning is not warranted, you may refuse to accept it. However, your refusal may result in your being charged for a formal hearing before an administrative law judge under Title 46 U.S.C. Chapter 77, in which case this warning will be withdrawn.
The mariner accepted the Letter of Warning on June 13, 1999, which means that he may still be serving as a licensed officer in the U.S. maritime industry.
In the documents released to MLAA, the name of the convicted child molester / licensed merchant marine officer has been redacted, therefore members of the maritime community have no way of knowing if this person has reoffended since receiving the Letter or Warning, or if they might find themselves on a ship with this officer.
The End.