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

Vacant Berthing Room Rape Report Aboard USNS Robert E. Peary Closed With No Judicial Action After She Declined to Participate.

NCIS records say a person aboard USNS Robert E. Peary reported that an acquaintance locked a vacant berthing-room door, pulled down her shorts, and penetrated her while she said stop, no, and leave me alone. Investigators documented the room, clothing, witness accounts, and SAFE findings, but command took no judicial action after she declined to participate further.

RapeUSNS Robert E. PearyVacant BerthingDubaiSAFE ExamMilitary Protective OrderVictim Declined ParticipationNo Judicial Action

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
Rape
Location
USNS Robert E. Peary / vacant berthing compartment
Key date
Alleged August 23, 2012
Outcome
No judicial action after victim declined participation

What the NCIS File Says

The master of USNS Robert E. Peary notified NCIS that a person had reported being raped in a vacant berthing compartment aboard the ship. She reported that an acquaintance locked the door, pulled down her shorts, and penetrated her while she said stop, no, and leave me alone.

The reporting person said she and the accused were acquaintances and went into an empty stateroom to continue talking. She said he locked the door, grabbed her when she tried to unlock it, attempted to kiss her, pulled down her shorts, and penetrated her while she said stop, no, and leave me alone.

The accused waived Article 31(b) rights and gave a sworn statement denying rape, saying the sex was consensual. NCIS photographed the alleged crime scene, seized clothing, reviewed ship emails, obtained a SAFE report with genital/cervical findings, and interviewed witnesses.

The reporting person later signed a Victim Preference Statement asking not to participate further. A command disposition report said no judicial action would be taken because she declined to participate in military justice action, and NCIS closed the case.

Case Timeline

August 23, 2012
Alleged assault

The reporting person said the assault occurred late at night in a vacant berthing room aboard USNS Robert E. Peary.

August 24, 2012
Medical exam

She was transported to USS Dwight D. Eisenhower for a sexual assault response team medical examination.

August 29, 2012
NCIS interviews

After USNS Robert E. Peary arrived in Dubai, NCIS interviewed the reporting person and interrogated the accused.

September 19, 2012
Protective order

A Military Protective Order was administered to the accused, and command decided to relocate the reporting person to USNS Big Horn.

November 15, 2012
Disposition

Command reported no judicial action because the reporting person declined to participate in military justice action.

Why This Record Matters

  • The file contains substantial investigative steps, including scene photographs, clothing seizure, witness interviews, email review, and SAFE findings.
  • The outcome turned on the reporting person's decision not to participate in military justice action.
  • The record presents competing accounts and does not provide an adjudicated finding on the rape allegation.

NCIS Source Document

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

First page preview for Vacant Berthing Room Rape Report Aboard USNS Robert E. Peary Closed With No Judicial Action After She Declined to Participate.

First page of the NCIS case file.

Source type
NCIS investigation file
Command or vessel
MILITARY SEALIFT COMMAND/00033
NCIS file number
29AUG12-MEDB-00350-8FNA/C
Bates range
0244-0246
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. Investigation initiated on 29AUG12 after notification from [REDACTED] Master, USNS ROBERT E. PEARY (T-AKE-5), that [REDACTED] y reported being raped by [REDACTED] ‘briefed that the alleged rape occurred sometime during the late hours of 23Aug12 within a vacant berthing compartment aboard the ship [REDACTED] transported to the USS DWIGHT D. EISENHOWER VN-69) on 24Aug12 to be administered a sexual assault response team medical examination. On 29Aug12, after the USNS ROBERT E. PEARY arrived in Dubai, UAE for a planned port visit, [REDACTED] interviewed by NCISRA Dubai in the presence of her Victim Advocate and provided a sworn statement stating she and [REDACTED] were acquaintances on the ship. Late in the evening on 23AUG12 she began socializing with [REDACTED] two decided to go into an empty stateroom aboard the ship to continue talking. Soon after entering [REDACTED] locked the door and when she attempted to unlock the door, he grabbed her and attempted to kiss her. § [REDACTED] stated [REDACTED] forcibly stuck his hand down her pants and pulled her shorts down just enough where he was able to insert his penis inside her vagina. [REDACTED] Stated while this was occurring, she kept telling him to "stop," "no," and "leave me alone." Additionally, she attempted to push him away. [REDACTED] related after his penis was inside her vagina, she immediately "blacked out" and the next thing she remembered was walking to her stateroom, taking off her underwear and seeing blood on her underwear. She then changed her shorts and went to sleep. She reported this incident the following day; however, initially elected for restrictive reporting. [REDACTED] reported she did not consume alcoholic beverages prior to the incident and she was not aware if [REDACTED] consumed alcoholic beverages. At the conclusion of her statement [REDACTED] related she no longer wished to participate in the captioned investigation and only wanted to report this to make it known and to receive treatment.

2. On 29AUG12, [REDACTED] interrogated after being advised of his Article 31(b) Rights and provided a sworn statement where he denied raping [REDACTED]. [REDACTED] stated he and [REDACTED] engaged in consensual sexual intercourse in the empty stateroom aboard the ship. After the two departed the room after having sex [REDACTED] stated he spoke with [REDACTED] once later that night in the lounge where he witnessed her speaking with a member from the ship's Security Team, subsequently identified to be [REDACTED]. [REDACTED] stated he also spoke to [REDACTED] once the following day. [REDACTED] learned of [REDACTED] reporting a sexual assault after he read chatter on message traffic asking about the status of the SAPR SITREP. NCIS captured photos of the stateroom where the alleged rape occurred. Pertinent interviews were conducted to include that of [REDACTED]. [REDACTED] provided a sworn statement stating he recalled speaking with [REDACTED] in the lounge late in the evening on 23AUG12 and she seemed normal to him. Items of evidentiary value were seized to include the clothing allegedly worn by [REDACTED] during the time of the incident. [REDACTED] Ship emails were reviewed by RA. [REDACTED] Sexual Assault Forensic Examination Report was obtained and revealed findings of an abrasion, induration, and moist secretion to [REDACTED] vagina and cervix area. [REDACTED] recontacted and signed a Victim Preference Statement requesting to no longer participate in the captioned investigation. A Military Protective Order was administered to [REDACTED] 19SEP12, [REDACTED] Command decided to relocate [REDACTED] USNS BIG HORN (T-AO-198). This case is closed as [REDACTED] declined to participate in any Military Justice Action to be taken against [REDACTED]

NARRATIVE

1. This reactive investigation was initiated pursuant to a suspected violation of Article 120 (Rape) of the Uniform Code of Military Justice (UCMJ) .

2. On 15NOV12, Reporting Agent (RA) received the Sexual Assault Disposition Report from the Command [REDACTED] / USN Military Sealift Command, Flag Secretary, U.S. Navy's Military Sealift Command, regarding the investigation, Exhibit (20) pertains. The Sexual Assault Disposition Report states [REDACTED] declined to participate in the Military Justice Action against [REDACTED] therefore no judicial action is being taken against [REDACTED]

3. On 15NOV12, RA briefed [REDACTED] JAGC RLSO Norfolk, VA, regarding the closure of the investigation.

4. This investigation is closed.