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Source record / NCIS investigation file / Military Sealift Command sexual misconduct

Timor Leste Pool Incident During a USNS Mercy Mission Led to a Sexual Assault Investigation. Command Action Was Precluded.

NCIS records say witnesses at a Dili resort pool reported conduct between two officers that appeared sexual, while the reported victim said she had been drinking and did not remember the interaction. Investigators obtained a video, conducted forensic exams aboard USNS Mercy, reviewed toxicology and DNA results, and closed the case after command action was precluded for insufficient evidence and victim declination to participate in military justice action.

Sexual AssaultUSNS MercyTimor LesteAlcoholSAFE ExamVideo EvidenceVictim Declined Further ParticipationCommand Action Precluded

This page summarizes one Naval Criminal Investigative Service case file. The source PDF and optical character recognition transcript appear below so readers can compare the summary against the record.

Allegation
Sexual Assault
Location
Novo Turismo Resort & Spa, Dili / USNS Mercy
Key date
Alleged June 19, 2016
Outcome
Command action precluded

What the NCIS File Says

During a USNS Mercy port stop in Timor Leste, witnesses reported seeing two officers kissing in a resort pool and one thrusting toward the other against the pool wall in a way that looked like sexual intercourse.

The reported victim said she had consumed alcohol before and at the pool and had no memory of interacting with the accused.

A witness provided NCIS with a DVD containing video from the pool area, and NCIS interviewed people who were present before and during the incident.

Both the reported victim and the accused received sexual assault medical forensic examinations aboard USNS Mercy. The accused said he was intoxicated, believed the other person was intoxicated, denied forcing himself on her, and said they only kissed.

Toxicology showed no ethanol or drugs, and USACIL reported no semen on numerous SAFE kit items. The SADR said command action was precluded due to insufficient evidence, victim declination to participate, and legal recommendations.

Case Timeline

June 19, 2016

The alleged pool incident occurred at Novo Turismo Resort & Spa in Dili.

June 20, 2016

The USNS Mercy Special Agent Afloat was notified.

June 21-22, 2016

Interviews and forensic examinations occurred aboard USNS Mercy.

August 24, 2016

NCISRA Camp Pendleton accepted case control.

April 27, 2017

NCIS received the SADR and closed the case.

Why This Record Matters

  • The case shows the complexity of a port-liberty sexual assault investigation involving alcohol, memory gaps, video, and forensic exams.
  • The outcome turned on insufficient evidence, victim declination to participate in military justice action, and command/legal recommendations.
  • The extracted transcript references many exhibits that are not reproduced.

NCIS Source Document

This is the NCIS Report of Investigation for the USNS Mercy file. MLAA has preserved the source PDF, Bates range, and NCIS file number so readers can inspect the record directly.

First page preview for Timor Leste Pool Incident During a USNS Mercy Mission Led to a Sexual Assault Investigation. Command Action Was Precluded.

First page of the NCIS case file.

Source type
NCIS investigation file
Command or vessel
USNS MERCY (T-AH 19) MEDICAL TREATMENT FACILITY/46425
NCIS file number
21JUN16-SNSN-00196-8SNA/C
Bates range
0192-0194
Source file length
3 pages

Readable OCR Transcript

The transcript below reproduces the substantive report text from the NCIS file in readable form, including the executive summary when one appears in the source. Paragraph numbers come from the original report. Redactions are shown as [REDACTED]. Because the text was generated from OCR, verify exact quotations against the source PDF.

EXECUTIVE SUMMARY

1. On 20Jun16, the Special Agent Afloat (SAA), USNS MERCY (T-AH 19), was notified by) — [REDACTED], Medical Treatment Facility (MTF) Security, USNS MERCY, of the alleged sexual assault of(h[REDACTED] Helated he received a report from [REDACTED], USNS MERCY, who indicated while at the Novo Turismo Resort & Spa, Dili, Timor Leste, on 19Junl16, she was in the pool area of the Spa when she noticed two officers, (4[REDACTED] the pool kissing, and [REDACTED] Peres coy against the side of the pool wall and was thrusting towardsy)6), [REDACTED] ¢jwhile in the pool in a motion tha [REDACTED] ebated looked as though they were having sexual intercourse. [REDACTED] indicated when asked about this incident, (4[REDACTED] reported she had no recollection of the aforementioned events. On 21Jun16 , [REDACTED] interviewed and related she consumed alcoholic beverages before and while at the pool. (4[REDACTED] indicated she hung out in the pool with some friends, and she doesn't remember any interaction with [REDACTED] does she know him. On 21Junl16, a Sexual Assault Medical Forensic Examination (SAMFE) of(H[REDACTED] conducted onboard the USNS MERCY. Members of USNS MERCY that were present at the pool during the incident and at the time leading up to the incident have been interviewed. On 22Junl16 [REDACTED] provided a DVD containing a video recording of (4[REDACTED] pool at the Novo Turismo Resort & Spa. This video was recorded by [REDACTED], MTF, USNS MERCY, who was at the Novo Turismo Resort & Spa during the alleged incident and witnessed 22Junl16, SA [REDACTED] interrogated and related he was intoxicated while in the pool, and he thought [REDACTED] ywas also intoxicated. [REDACTED] stated at no time did he force himself upon [REDACTED] the only thing they did in the pool was kiss. On 22Jun16, a SAMFE of [REDACTED] conducted onboard the USNS MERCY. On 24Aug16, NCISRA Camp Pendleton, CA PC), accepted case control due to [REDACTED] return to Naval Hospital Camp Pendleton (NHCP). NCIS received the Report of Toxicological Examination from AFMES pertaining to [REDACTED] which revealed no ethanol was detected and no drugs were found. On 21Nov16, NCIS received the DNA Report from USACIL pertaining to [REDACTED] SAFE kit, which revealed no stains of apparent evidentiary value were observed on [REDACTED] bathing suit top and no semen was detected on numerous items from [REDACTED] SAFE kit. All investigative endeavors are complete. On 27Apr17, NCIS received the Sexual Assault Disposition Report (SADR), which indicated command action precluded due to insufficient evidence to prosecute, victim declination to participate in military justice action, and Trial Counsel and Staff Judge Advocate recommendations. This case is now closed.

NARRATIVE

1. This reactive investigation pertains to the suspected violations of Article 120 (Sexual Assault) of the Uniform Code of Military Justice (UCMJ) .

2. References (A) through (F) detail all case activity during the pendency of this investigation.

3. On 27Apr17, NCIS received the SADR, which indicated command action precluded due to insufficient evidence to prosecute, victim declination to participate in military justice action, and Trial Counsel and Staff Judge Advocate recommendations; Exhibit (47) pertains.

4. A R-84 Final Disposition Report was not completed due to [REDACTED] being fingerprinted and photographed due to lack of probable cause after consultation with [REDACTED], Region Legal Service Office (RLSO) Southwest.

5. On 27Apr17 [REDACTED], Commanding Officer, NHCP ¢ [REDACTED], Staff Judge Advocate, NHCP; and [REDACTED], JAGC, RLSO Southwest; were briefed on the closure of this investigation.