A Dunoon Woman Reported That a USNS William McLean Mariner Touched Her Vaginal Area. Police Scotland Found Too Little Evidence to Charge.

EXECUTIVE SUMMARY

1. On 06OCT15, Police Scotland, Dunoon, requested limited assistance from NCISRU London, United Kingdom (UK) concerning a new investigatiom(é), [REDACTED] national, reported that she was sexually assaulted by a sailor named [REDACTED] was later identified as [REDACTED] Civil Service; assigned to the USNS WILLIAM MCLEAN (AKE 12). The incident occurred about 0130, 004OCT15, at her residence in [REDACTED] During the evening of 03OCT15 [REDACTED] Stated she went to a local bar in Dunoon and met(i[REDACTED] ¢yand two other sailors [REDACTED] stated she consumed approximately four alcoholic drinks while at the bar. After consuming the last drink [REDACTED] felt ill and very intoxicated. [REDACTED] stated she took (H[REDACTED] t© her residence, where they had another drink [REDACTED] claimed partial memory loss [REDACTED] asserted[REDACTED] yremoved all her clothing and remembered his touching her vaginal area with his hand [REDACTED] restrained, but unable to move [REDACTED] remembered leaning over her bed with [REDACTED] ¢ystanding behind her and holding her head [REDACTED] stated that she did not think[REDACTED] ypenet rated her vagina with his penis or fingers because that area did not feel sore [REDACTED] not sure if [REDACTED] removed his pants, but remembered that he kept on his shirt [REDACTED] not know when[REDACTED] left her residence. Police Scotland requested NCISRU London to fully identify [REDACTED] the other two sailors and to arrange for their interviews.

NARRATIVE

1. This reactive investigation pertains to Section 3 of the Sexual Offences (Scotland) Act 2009.

2. On 06OCT15, Police Scotland, Dunoon (PSD), informed Reporting Agent (RA) that they initiated a sexual assault investigation. [REDACTED] UK national, 05JAN68, reported that she was sexually assaulted by a sailor named [REDACTED] was assigned to the USNS WILLIAM MCLEAN (AKE 12). The incident occurred about 0130, 04OCT15, at her residence located at [REDACTED] lwas later identified as: [REDACTED] Civil Service; [REDACTED] assigned to the USNS WILLIAM MCLEAN (AKE 12); TS Clearance; Retired US Army, SFC (E-7) /001SEP01; Home of Record [REDACTED] provided a summary of the allegation. During the evening of 03OCT15 [REDACTED](G) went to a local bar in Dunoon. She met[REDACTED] jand_two other persons from the USNS WILLIAM MCLEAN, later identified asj [REDACTED] stated she consumed approximately four alcoholic drinks while at the bar. After consuming the last drink [REDACTED] felt ill and very intoxicated [REDACTED] stated she tooki)6), [REDACTED] ¢)to her residence, where they had another drink [REDACTED] claimed partial memory loss [REDACTED] asserted[REDACTED] yremoved all her clothing and remembered his left her residence. Police Scotland requested NCISRU London to fully identify [REDACTED] arrange for their interviews.

3. PSD revealed there was video footage at the bar that indicated [REDACTED] appeared to be highly intoxicated. While dancing with [REDACTED] rubbed his chest and buttocks. Video was also captured of their walking to the residence [REDACTED] appeared to be intoxicated, whileu[REDACTED] appear SO .(14) , (p\ waS Captured on video going back to the same bar about 0200, 04OCT15, and meeting with [REDACTED] Police Scotland obtained a urine sample after the interview on 006OCT15, and coordinated a medical examination on 007OCT15. Since [REDACTED] a UK citizen, she was given support through the Police Scotland Victim Support System. Police Scotland asserted jurisdiction on the investigation. Police Scotland also conducted the crime scene examination and seized linens and clothing as evidence. Since no penetration was alleged, this investigation falls under Section 3 of the Sexual Offences (Scotland) Act 2009. The Police Scotland incident number is: PO-20151005-267.

4. On 06OCT15, Reporting Agent (RA) briefed [REDACTED] Master, USNS WILLIAM MCLEAN on the merits of the investigation [REDACTED] ¢onfirmed the identities of the three men and stated all three checked back on board the vessel about 0242, 04OCT15[REDACTED] stated [REDACTED] IT/LAN Administrator for the vessel and has a TS clearance.

5. From 06-07OCT15, RA also made notifications to CTF-63 Command [REDACTED] Region Legal Service Office, Europe, Africa and Southwest Asia London Detachment; [REDACTED], US Naval Attache, US Embassy London; [REDACTED] Consulate, Edinburgh; and [REDACTED] Regional Security Office, US Embassy, London.

6. On 07OCT15, RA coordinated wittp)[REDACTED] and PSD for the interviews of all three men on 09OCT15 at PSD station. PSD guaranteed[REDACTED] ¢)would be released back to the USNS WILLIAM MCLEAN on 09OCT15, regardless of the results of the interview. If the allegation was determined to be valid, court to enter a plea on 15OCT15, when the vessel returned to the area. It was agreed that releasing[REDACTED] ¢)back to the vessel would reduce the impact to the ongoing Joint Warrior Naval Exercise, and would also alleviate all concerns that [REDACTED]could have contact with [REDACTED] explained that on 15OCT15 [REDACTED] could be ordered to appear in a Scottish court for trial at some future date to be determined.

7. On 08OCT15, RA coordinated investigative efforts at the PSD station with Detective Inspector [REDACTED] was agreed again that regardless of the outcome of the interviews on 09OCT15 [REDACTED] jwould be released back to the vessel that same day. If charges against(h[REDACTED] were merited, he would appear in Dunoon court on 15OCT15, when the vessel returned to port. A cursory review of video footage from street cameras revealed there was about a twelve minute gap where[REDACTED] seen walking to and from [REDACTED] apartment.

8. On 09Oct15, after coordinating wi ti) [REDACTED] escorted the men from the vessel to PSD who were waiting pier side to transport them to the Dunoon station. All the men were taken by surprise and were not allowed to collaborate. All persons were compliant .(H[REDACTED] y¢)stated "Off the record" to a PSD investigator that they went to [REDACTED] apartment, she took off her clothes and then passed out .[REDACTED] cLaimed he left without touching her because he did not want to take advantage of a defenseless woman. . [REDACTED] then invoked his right to counsel [REDACTED] eorroborated(h[REDACTED] relating the same course of events that(y[REDACTED] told him at the bar immediately after the incident.

9. PSD officially detained [REDACTED] which enabled them to obtain a DNA sample. All members were returned to the vessel on 009OCT15. Due to the totality of the investigation, PSD determined there was not enough evidence to charge[REDACTED] ywith any offense. There was no need for an appearance in court on 15OCT15. PSD cautioned however, that if forensic evidence reveals the presence of [REDACTED] Semen inside [REDACTED] apartment, this would be indicative of sexual relations without [REDACTED] consent. Themniy)[REDACTED] would be charged with the most serious sexual offense, Section 1 of the Sexual Offences (Scotland) Act 2009. PSD also determined that [REDACTED] not maintain positive control of her drink while at the bar, and left it in a crowded area to dance and mingle. No one was observed tampering with [REDACTED] drink in video footage. Therefore, even if there is evidence of an illicit drug, (H4)[REDACTED]will not be charged for any crime.

10. On 07OCT15, database checks were conducted for [REDACTED] Joint Personnel Adjudication System identified that he holds a Top Secret security clearance. The checks also revealed [REDACTED]

11. PSD stated it did not need further assistance from RA at the moment. However, they may request additional assistance if the laboratory results are positive. It was estimated the results would be available in about six months. Police Scotland refused to provide a copy of their reporting. On 10Dec15[REDACTED] Gwas advised of the status of this investigation. This investigation is closed and will be re-opened if Police Scotland requests further assistance.