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.
NARRATIVE
1. This is a limited assistance reactive investigation pertaining toa suspected violation of the Malaysian Penal Code as it pertains to sexual assault. This investigation was initiated to document NCIS efforts to support a potential Malaysian investigation into the sexual assault of a USN service member. NCIS has no jurisdiction to investigate crimes in Malaysia.
2. On 01May17, [REDACTED] +~= s DAGC. Officer, reported to Reporting Agent (RA) an incident of possible abusive sexual contact on [REDACTED], on 22Apr17 at approximately 1600 at the Pending Port pier in Kuching, Malaysia [REDACTED] reported the act was committed by an unidentified Malaysian male. Due to unavailability of communication while underway)[REDACTED] advised RA of the incident upon arrival of the USNS FALL RIVER (T-EPF-4) to Kota Kinabalu, Malaysia.
3. On 04May17, RA conducted an interview of [REDACTED]} Due to exercise and operational priorities the next opportunity to interview [REDACTED] 04May17 [REDACTED] Provided her account of the event, describing the nature of the act, specifying the location of the incident on Malaysian territory, her inability to identify the suspect, and the presence of her supervisor [REDACTED] Public Affairs Officer, during the incident [REDACTED] said on 22Apr17, various Malaysian media personnel were invited to Pending Port, Kuching, Malaysia for the closing ceremony of the Pacific Partnership 2017 exercises. The exercises were based off the USNS FALL RIVER. Prior to the ceremony, the group of local media personnel joined for a photograph taken on the pier prior to a tour of the ship. While posing for the photograph an unidentified Malaysian male approached [REDACTED] from behind, driving his hips towards [REDACTED] back side and pressing against her momentarily while the photograph was taken. The act was very brief and [REDACTED] not look behind her to identify the person making the contact. After the ship tour [REDACTED] Commented to) [REDACTED] what had happened [REDACTED] later told [REDACTED] about the incident aftem [REDACTED] commented that she looked upset. [REDACTED] Said she did not intend for her communication to [REDACTED] 'to be interpreted as a formal complaint or report. She advised she did not wish to pursue further action on the matter. RA provided [REDACTED] with a DD Form 2701 (Initial Information for Victims and Witnesses of Crime) and advised that she is entitled to Victim Legal Counsel, which she declined [REDACTED] provided a sworn statement to RA. Exhibit (1) pertains.
4. ACTIONS: a. Time/Date of Incident: 1600/22Apr17 b. Location of Incident: Pier at Pending Port, Kuching, Malaysia c. Command Notification: [REDACTED], USN, Mission Commander/Pacific Partnership/01May17 Sexual Assault Forensic Exam (SAFE): N/A. Victim Legal Counsel (VLC) Notification: Declined by victim Victim Witness Assistance Pamphlet: Yes/04May17 Alcohol or drugs involved/suspected: Victim/No, Suspect/Unknown Crime Scene Conducted: No/No longer at location Sexual Assault Response Coordinator (SARC): Yes/03May17 Family Advocacy Program: N/A Military Protective Order: No/Not required Forensic Consultant notified: No/No forensic considerations bP wUP SQ ho oO
5. On 04May17, RA contacted [REDACTED] Royal Malaysian Police in Kuching, Malaysia. RA provided a synopsis of the 22Apr17 act reported by [REDACTED] Kuching. RA advised [REDACTED] act took place within the jurisdiction of Kuching and requested clarification if the act was classified as a criminal offense. RA also asked if the Royal Malaysia Police would investigate the matter if formally report to them. [REDACTED] advised that the Royal Malaysian Police would not be able to take any investigative actions since they did not have a report of the incident on record. In addition, since the suspect cannot be identified any leads investigated would not be able to confirm a suspect. Exhibit (2) pertains.
6. On 05May17, RA interviewed [REDACTED] stated she did not witness the act reported by [REDACTED]only became aware of the incident after [REDACTED] mentioned it to her after completion of the ship tour for local media personnel ,H[REDACTED] said [REDACTED] seem distraught by the incident and had only related to her for awareness and not as a formal complaint or report [REDACTED] Aiscussed the incident it withipy6), [REDACTED] ¢) Exhibit (3) pertains.
7. On 08May17, RA followed up with) § [REDACTED], Malaysia Mission Planner for Pacific Partnership 2017. RA previously discussed the incident with [REDACTED] pertains.
8. On 14Apr17, RA took photographs of the pier and immediate areas at Pending Port in Kuching. The photographs were taken during the ships arrival in order to survey and record the security and force protection measures implemented at the port for the USNS FALL RIVER visit. The photographs include the location where the act on [REDACTED] took place. Exhibit (5) pertains.
9. On 04May14, RA made the 24 hour notifications to [REDACTED], Region Legal Service Office Japan; and} [REDACTED] Sexual Assault Response Coordinator (SARC) Navy Region Center Singapore. On 05May16, the 48
10. RA concluded interviews of [REDACTED] 'as the only available witness, and contacted the Royal Malaysian Police in Kuching. RA made notifications to NCISRA Singapore, Regional Legal Service Office Japan, and the Sexual Assault Response Coordinator at Navy Region Center Singapore. The Pacific Partnership Mission Commander was briefed by [REDACTED] USNS FALL RIVER also sent a situation report to Commander, Task Force 73 and Commander, US Seventh Fleet. RA provided [REDACTED] Form 2701 (Initial Information for Victims and Witnesses of Crime).
11. On 009May17, Database inquiries were conducted on [REDACTED] utilizing the National Crime information Center, Defense Central Index of Investigations, , Department of Defense Information Exchange, JPAS and NCIS Knowledge Network. Records checks confirmed adjudication of a Secret clearance, a vehicle citation On 19Feb10, and no other derogatory information.
12. Malaysian authorities have declined to investigate this matter due to the lack of evidence and their inability to generate any leads which would lead to identification of the subject of this investigation. NCIS has no jurisdiction to investigate crimes in Malaysia and active NCIS investigative involvement would be limited to providing requested support to Malaysian law enforcement authorities. To date, NCISRA Kuala Lumpur has not received any request for such assistance with regards to this investigation. As such, this investigation is being deemed complete and the case is being closed.
