Former JBLM commander found guilty of sexual harassment
JOINT BASE LEWIS-MCCHORD, Wash. - A former Army Commander stationed at Joint Base Lewis-McChord is receiving a written reprimand for his military personnel file after a court martial hearing found him guilty of sexual harassment.
Three women that served under Lieutenant Colonel Herman West described disturbing encounters ranging from unwanted touching, to verbal sexual harassment, to unzipping his pants in front of one of the women.
A defense attorney described the allegations as "overcharged and overblown" inside the courtroom, referring to the incidents as annoyances rather than criminal.
The judge did not agree, ultimately finding West guilty of three charges: sexual harassment, conduct unbecoming of an officer and maltreatment.
Multiple incidents were documented in court, including comments made by West to one of his female officers like, "I like it when you gobble my nuts," and asking her whether she was a fan of cream pies – referring to a sexual act.
According to the victim, the next day after making those comments, she paid for West’s lunch after he forgot his wallet. She said he reacted by later unzipping his shirt and unbuttoning his pants in front of her stating, "This is how I pay you back."
"Putting a hand on a soldier who is in your command and rubbing her legs, taking off your top and pants and saying that’s for paying her back for lunch – those are crude comments, not misunderstood woke moments," said Ryan Guilds, an attorney with Arnold & Porter that represents the victims. "That is sexual harassment, and it’s a crime."
The judge didn’t find West guilty of a fourth charge involving maltreatment, where West was accused of opening the door of the women’s bathroom and reprimanding them for laughing loudly while showering. One woman was only wearing a towel, while a second was undressed in a stall.
Jason Wareham, a civilian defense attorney for West, told FOX 13 he didn’t believe it was proper for his client to ever face such severe punishment.
"Despite the outcome, I remain convinced that the only reason this level of offense was sent to a felony level forum as opposed to the administrative discipline processes of the military that are normally used for harassment cases is because my client is a Black man," said Wareham.
Guilds called today’s ruling an important step in the right direction for those trying to eliminate sexual harassment within the ranks of the military.
"I commend the Office of Special Trial Counsel and the trial prosecutors for their dogged pursuit of justice," said Guilds, adding his thanks to the three victims that testified calling it inspirational.
West represents one of the first cases to be prosecuted under new military justice reforms that added sexual harassment as a criminal offense under the Uniform Code of Military Justice.
Those reforms were a response to growing concern over an epidemic of sexual assault and harassment claims within the military that drew attention from legislators on Capitol Hill.
A recent survey through the Pentagon indicated that more than 35,000 troops have reported that they were victims of sexual assault.
Leadership from Protect Our Defenders, an advocacy group that aims to end sexual violence within the military, weighed in on Friday’s ruling, calling it a critical milestone in their fight to end sexual harassment and assault in the military.
"We cannot maintain our status as an elite fighting force without fully embracing and supporting the contributions of all service members, including women, who are integral to our military’s strength and effectiveness," said Josh Connolly, the group’s senior vice president.
Man arrested in 2013 child sex assault at Kent Dollar Tree, was JBLM soldier
A former Joint Base Lewis-McChord soldier has been charged in connection to a 2013 sexual assault of a six-year-old girl that happened in a Dollar Tree in Kent.
"Every week, the number of service members harmed by sexual violence is equivalent to a battalion – at the same time, the military is facing a recruitment and retention crisis."
Last year an annual defense survey by the Ronald Reagan Presidential Foundation found that only 51-percent of Americans would recommend that family or friends join the military, while 33-percent would discourage someone from enlisting.
Experts have called the recruitment and retention efforts of the military to be "in crisis," as they fall short of goals – Connolly said, retaining women is critical in this new age of the military.
Guilds said at least one of the victims in this case has no interest in serving the military after this ordeal.
"She was the number one rated lieutenant in her battalion," he said. "Not the number one rated woman, the number one rated lieutenant. This Nation lost future leader."
As for Lieutenant Colonel West, Guilds said he avoided being dismissed from the military during sentencing though he indicated he is planning to retire.
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