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. This investigation was initiated on 26JAN08, after Detective [REDACTED] Sewell's Point Police Precinct (SPPP), Naval Station Norfolk, VA notified the Naval Criminal Investigative Service about a rape allegation made by [REDACTED]. According to [REDACTED], [REDACTED] allegedly raped her during the early morning hours of 20JAN08, on board the USNS KANAWHA (T-AO 196).
2. [REDACTED] was interviewed on several occasions wherein she stated that on 19JAN08, she was wakened by [REDACTED] on top of her attempting to vaginally penetrate her. [REDACTED] stated that she could not remember details of the evening but woke up to music playing on her laptop, a candle in her sink, and a washcloth on her stomach. Additionally [REDACTED] advised she was sore in her vaginal area [REDACTED] described that she had a dream that someone came into her stateroom and did something bad to her but was not sure if it was a dream because of the candle in the sink and washcloth on her stomach. [REDACTED], CIV, USNS KANAWHA advised that [REDACTED] told him about the dream on 14JAN08. [REDACTED], USNS KANAWHA mentioned that [REDACTED] stated she had a bad dream on 18JAN08. [REDACTED] could not explain the discrepancy with the dates.
3. Through interviews [REDACTED] admitted to having consensual intercourse with [REDACTED] on 19JAN08. According to [REDACTED], he and [REDACTED] have had a sexual relationship for several weeks. [REDACTED] included that when he and [REDACTED] would have intercourse it would be passionate but on 19JAN08, [REDACTED] asked [REDACTED] to be more aggressive in his actions. [REDACTED] vowed that [REDACTED] was awake the entire time and consented to having intercourse with him.
4. [REDACTED] was re-interviewed and admitted to having intercourse with [REDACTED] on a previous date pursuant to the alleged rape. Additionally, [REDACTED] confirmed she had erased text messages that she had sent to [REDACTED] the night of the alleged rape. [REDACTED] signed a victim preference statement due to she was going to either Washington or California and she wanted to "clear her head".
5. On 06FEB08, Reporting Agent (RA) provided a victim/witness pamphlet to [REDACTED].
6. [REDACTED], CIV, USNS PATUXENT (T-AO 201) was telephonically interviewed regarding her knowledge of the rape allegation made by [REDACTED]. [REDACTED] affirmed that she was the individual that reported the alleged rape to [REDACTED] command for [REDACTED].
7. [REDACTED] was telephonically interviewed regarding his association with [REDACTED]. [REDACTED] advised he knew [REDACTED] when she lived in Washington. [REDACTED] claimed he has not spoken to [REDACTED] Since she moved from Washington.
8. On 25FEB08, this investigation was presented to the United States Attorney's Office, Norfolk, VA for prosecution. On 19MAR08, [REDACTED], Supervisory Assistant United States Attorney, Eastern District of Virginia, Norfolk, VA advised that the aforementioned investigation would not be considered for federal prosecution because there was no federal offense evident. All investigative actions have been completed. This investigation is closed.
NARRATIVE
1. This investigation was conducted pursuant to suspected violation of Article 120 (Rape, Sexual Assault, Sexual Contact and Other Sexual Misconduct) of the Uniform Code of Military Justice.
2. Reference (A) details investigation to date.
3. On 19MAR08, RA received a letter of declination from the United States Department of Justice, United States Attorney Eastern District would not be considered for federal prosecution because there was no federal offense evident, exhibit (22) pertains. SUBJ: [REDACTED]
4. On 09APR08, RA telephonically contacted [REDACTED] regarding his association with [REDACTED] admitted to knowing [REDACTED]) when she resided in Washington [REDACTED] spoken to (b O) since she moved from Washington to California (NFI), exhibit (23) pertains.
5. On 14APR08, RA was telephonically contacted by [REDACTED] who is currently on a six month deployment on the USNS PATUXENT. [REDACTED] advised [REDACTED] sent her a text message informing her that she believed she was raped by [REDACTED]. [REDACTED] stated that [REDACTED] did not want to report the alleged rape but allowed [REDACTED] to report it. Additionally, [REDACTED] disclosed that [REDACTED] sent an email to [REDACTED], CIV about the allegation. According to [REDACTED], [REDACTED] said in the email that she was "95-98 percent sure but not 100 percent sure so she decided it was a dream", exhibit (24) pertains.
6. All investigative leads are complete. Due to this investigation being declined for federal prosecution; this investigation is closed.
