Rape

A criminal offense defined in most states as forcible sexual relations with a person against that person's will.

Servicemen Charged in Brutal Case of Rape and Murder in Iraq

Five U.S. servicemen were charged in 2006 in connection with the brutal rape of a 14-year-old Iraqi girl, followed by the murder of the girl and three members of her family. Another former member of the army, who was discharged from the Army prior to being charged with the crime, was prosecuted in federal court. The story of the rape and slaying has been one of the most gruesome to arise out of the conflict with Iraq. The attacks took place in March 2006

According to court records, five members of the 502nd Infanry, 101st Airborne Division, plotted to attack a family in the area of Khasir Abyad, which is located about six miles north of Mahmoudiya and about 20 miles south of Baghdad. The area is known as the "Triangle of Death," due to the number attacks there by Sunni insurgents. The victims of the crime had just recently moved into the home where the attacks occurred. Affidavits indicated that four Americans entered the house while a fifth remained behind to monitor the radio. The soldiers separated the teenaged girl, Abeer Qassim al-Janabi, from three other family members. At least one member of the group raped the girl; shot her father, mother, and younger sister; and then shot the girl in the head.

After the attack, the men tried to cover up the crime by dousing the girl in a flammable liquid and attempting to burn her. They also burned their own clothes and discarded the murder weapon, an AK-47 rifle. Iraqi officials learned of the crime on about March 13, but a local police captain said that this information was not relayed to American forces. The satellite channel Al Jazeera covered the alleged crimes extensively, while the media in Iraq did not until the official investigation began.

Four of the suspects involved in the murders included specialist James Barker, Pfc. Jesse Spielman, Pfc. Bryan Howard, and Sgt. Paul Cortez. A fifth serviceman, Sgt. Anthony Yribie, was also charged with dereliction of duty for his failure to report the incident. The alleged leader of the group, a private named Steven Green, had been discharged from the Army after a psychological evaluation revealed that he had a "personality disorder," though it was also reported that Green had been diagnosed as a homicidal threat. Stories written about Green after the incident indicated that he had made such statements as "I want to kill and hurt a lot of Iraqis" and "I came over here because I want to kill people."

In June, two soldiers who were part of the same platoon as the men responsible for the murders were killed in Yusufiya. A message attached to a video that show the murders of the two men indicated that the act was one of revenge for the killings of the family. Shortly after these killings occurred, one of the soldiers involved in the murders of the family reportedly became overcome with guilt and admitted to the killing. U.S. officials later said that they were aware of the crimes but thought that the killing of the family had been the result of "sectarian violence."

Military officials admitted in July that it had begun a criminal investigation into the allegations. It was the fifth pending case that involved allegations of slayings of Iraqi civilians. On July 9, the Army charged Barker, Spielman, Howard, and Cortez with participation in the rape of the girl and with the murder of the family, while Yribie was charged with dereliction of duty. Because these men were still on active duty, they faced what is known as an Article 32 investigation, which is similar to a grand jury investigation in a civilian court.

Green had returned to the United States after his discharge. Prosecutors filed criminal charges against him in federal court in Kentucky, and Green pleaded not guilty. According to the filings, Green had stalked the girl and her family and had organized the entire attack. Attorneys for Green on July 11 requested a gag order that would have prevented federal authorities, including President George W. Bush and General Peter Pace, chair of the Joint Chiefs of Staff, from commenting on the case. According to the defense, public comments by Bush, Pace, and others had interfered with the possibility of Green receiving a fair trial due to their public comments. U.S. District Judge Thomas Russell denied the request on August 31.

The Article 32 investigation of the active servicemen began in August. One witness testified that combat stress had crushed the morale of the troops stationed near Mahmudiya. However, Captain Alex Pickands, the military lawyer prosecuting the men, argued vigorously against the argument that this stress was a defense to the actions of the defendants. None of the men testified at the proceeding. At the same time that the Army was holding its hearings, Iraqi Prime Minister Nouri al-Maliki said that he wanted those responsible for the crime to be tried in an Iraqi tribunal and ordered an independent investigation.

In October, each of the four men were referred to a general court-martial. Spielman and Cortez could have received the death penalty if they were convicted, because their charges included premeditation. About a month later, Green pleaded not guilty to the charges that he faced in federal court. Prosecutors previously asked for a three-month delay in Green's indictment, citing the problems with using evidence and witnesses simultaneously with the military investigation.

Barker entered into a plea bargain in which he agreed to testify against the other soldiers. He received a 90-year sentence with the possibility of parole. He alleged that Cortez and Spielman both participated in the planning of the incident. Cortez avoided the death penalty by pleading guilty to the charges, for which he received a 100-year sentence and was dishonorably discharged. He will be eligible for parole after serving 10 years. Howard later pleaded guilty to being an accessory to the rape and murder.