[News] NCIS Case Files Reveal Undisclosed U.S. Military Sex Crimes in Okinawa

[Anti-Imperialist News]

theintercept.com
<https://theintercept.com/2021/10/03/okinawa-sexual-crimes-us-military/> NCIS
Case Files Reveal Undisclosed U.S. Military Sex Crimes in Okinawa
Jon Mitchell <https://theintercept.com/staff/jon-mitchell/> - October 3 2021
------------------------------

*Warning: This article contains graphic descriptions of sexual assault.*

*One evening in* March 2017, a U.S. sailor walked through the parking lot
of a shopping mall in Kitanakagusuku Village, Okinawa, Japan, exposing
himself to female customers. The area was crowded with cars and
pedestrians, and for half an hour, the 23-year-old American masturbated in
front of women and approached drivers stopped at traffic lights.

One witness reported what was happening to the mall’s security office.
Using closed-circuit TV cameras, the guards located the suspect — still
masturbating — and contacted the local police department. But before the
officers arrived, the man got into his car and left the scene.

Witnesses told police the sailor ought to be severely punished. That didn’t
happen.

It was easy for police to confirm that the suspect was a U.S. service
member — his car’s license plate was stamped with the letter “Y,” a
registration assigned to military members, their dependents, and
contractors in Japan, more than 55,000 of whom live in Okinawa. The police
determined that the suspect was a petty officer second class sailor
stationed on a Navy installation within the U.S. Air Force’s Kadena Air
Base, the largest U.S. facility in the Asia-Pacific region. Under
questioning by police and Naval Criminal Investigative Service, or NCIS,
agents, the sailor confessed to the offense. He also admitted to
masturbating inside his car at the same mall and elsewhere on four previous
occasions.

Witnesses told police that the incident had left them disturbed. One woman
explained how the sailor had followed her while he was masturbating; she
had felt “extremely sickened” and feared that he would assault someone.
Describing the American’s actions as “hideous,” one of the security guards
said he would not be able to forget what had happened. Both witnesses told
police the sailor ought to be severely punished.

That didn’t happen.

Japanese prosecutors, who can request jurisdiction when U.S. service
members commit offenses while off-duty, ceded control of the case to the
military; by the time the Navy convened a court-martial, nine months had
passed since the incident. The sailor pleaded guilty to indecent exposure
and was sentenced to 90 days confinement and a bad conduct discharge. But
due to a pretrial agreement, he received only 30 days and was permitted to
leave the military under an administrative separation. He was not recorded
on a sexual offender registry.

*Despite the severity* of the offense, and the lax punishment, the sailor’s
crime was not made public. It required a series of Freedom of Information
Act requests, which I filed with the NCIS in 2018 and 2019 and wrote about
for the Okinawa Times in August. (This is the first publication of the FOIA
results in English.) According to the NCIS case files, between 2017 and
2019 there were at least seven other investigations into U.S. military
personnel for sexual offenses against Japanese women in Okinawa — and
none were made public. Perpetrators had not been punished under Japanese
law nor had their cases appeared in the annual reports produced by the
Pentagon’s Sexual Assault Prevention and Response Office for the U.S.
Congress. (The Intercept has revealed similar gaps in reporting sexual
assaults committed by U.S. troops in Africa.
<https://theintercept.com/2021/07/06/military-africa-sexual-assault/>)

At the time of publication, United States Forces Japan had not provided
comment on the apparent omission of these cases from the SAPRO reports.

It is a pattern familiar to Suzuyo Takazato, co-chair of the feminist group
Okinawa Women Act Against Military Violence and chair of the Rape Emergency
Intervention Counseling Center Okinawa.

“Both the U.S. and Japanese governments want to minimize people’s awareness
of the number of crimes committed by U.S. service members on Okinawa. They
think if this information becomes public, it will harm U.S.-Japan
relations. They believe the U.S.-Japan relationship should take priority
over the rights of Okinawans,” she said.

Today, Okinawa prefecture is the reluctant host to 31 U.S. military bases,
which occupy approximately 15 percent of the main island. Although the
prefecture consists of less than 1 percent of Japan’s total land mass, it
has 70 percent of the country’s U.S. facilities; 11 of the bases in Okinawa
belong to the U.S. Marine Corps. Washington and Tokyo insist that these
troops are needed to maintain stability in the region, but a majority of
Okinawans have repeatedly expressed resentment toward the disproportionate
burden placed on their prefecture. In a 2017 survey
<https://www.nhk.or.jp/bunken/research/yoron/pdf/20170801_7.pdf> of
residents conducted by Japan’s public broadcaster, NHK, 26 percent of
respondents called for all U.S. bases to be removed from their island, and
another 51 percent wanted them to be reduced to a level equivalent to
mainland Japan. Packing so many military facilities onto Okinawa
concentrates many of the problems there: aircraft accidents
<https://www.asahi.com/ajw/articles/14422895>, environmental contamination
<https://theintercept.com/2020/11/07/military-pfas-pollution-japan/>, and
crime <https://www.asahi.com/ajw/articles/13860131>, particularly against
women.

For more than 25 years, Takazato and the members of Okinawa Women Act
Against Military Violence have compiled an ongoing chronology of U.S.
military rapes of Okinawan women. Combing through municipal records and
interviewing victims, they have uncovered how the earliest attacks started
soon after the U.S. invasion of Okinawa in 1945 and have continued unabated
to the present day. The total number of victims runs into the hundreds, but
Takazato says many cases remain hidden.

In mainland Japan and overseas, people are aware of only a few of these
crimes, notably the rape of a 12-year-old girl by three U.S. service
members in 1995 and the rape and murder of a 20-year-old woman by a former
Marine in 2016. Both events triggered mass protests on the island, attended
by tens of thousands of Okinawans demanding the revision of the Japan-U.S.
Status of Forces Agreement, or SOFA.

[image: People from all over Okinawa raise their arms and shout slogans
during a massive rally 21 October 1995 in Ginowan to protest the alleged
rape of a 12-year-old Japanese school girl by three US soldiers in Okinawa.
About 10,000 people, including union members, demanded withdrawal of the US
forces and an amendment of the Security Treaty between USA and Japan. This
incident led to island-wide demonstrations and an agreement to close
several US bases in Okinawa. (Photo credit should read TORU YAMANAKA/AFP
via Getty Images)]

Okinawans protest the rape of a 12-year-old Japanese girl by three U.S.
soldiers during a massive rally on Oct. 21, 1995, in Ginowan, Okinawa,
Japan.

Photo: Photo: Toru Yamanaka/AFP via Getty Images

Established in 1960, SOFA outlines the rights and responsibilities of U.S.
troops and military-related civilians living in Japan, including how they
ought to be tried when they break local laws. SOFA gives the military
jurisdiction over service members who commit offenses while in the
performance of official duty, and it only requires suspects to be handed
over to Japanese authorities after charges have been filed. Such loopholes
have allowed the military to unilaterally determine what constitutes “on
duty,” and they have impeded Japanese police’s ability to interview
suspects.

Hiroshi Fukurai, a sociology professor at the University of California,
Santa Cruz, explains that the roots of SOFA lie in the wave of U.S.
colonization of islands such as Cuba, Hawaii, and the Philippines in the
late 19th century: “The U.S. wanted to protect its citizens from what it
saw as ‘odd’ local laws, so it created extraterritorial jurisdiction
whereby military members and other Americans were exempt from punishment.
Today’s Japan-U.S. SOFA is based on the same principle of immunity — in
effect, SOFA protects U.S. troops and military-related personnel from being
prosecuted under Japanese law.”

In response to public fury following the crimes in 1995 and 2016, the U.S.
and Japan promised to make improvements to SOFA, but these changes turned
out to be merely cosmetic. The U.S. said
<https://www.mofa.go.jp/mofaj/area/usa/sfa/rem_keiji_01.html> it would give
“sympathetic consideration” when Japan requested the pre-indictment
handover of service members suspected of heinous crimes (interpreted as
rape or murder) and reduced the categories of contractors protected by SOFA.

Although SOFA applies throughout Japan, Okinawa, which hosts the bulk of
the U.S. presence, suffers the most, explains Takazato, and it is women who
repeatedly become the victims of these failures in military and Japanese
justice.

Takazato’s assertion is supported by the NCIS Okinawa case files released
via FOIA. The reports detail at least eight instances in which Japanese
women were the victims of military sexual offenses between 2017 and 2019.
Six of the suspects were Marines; one was a military contractor affiliated
with the Marine Corps; and one, the perpetrator of the shopping mall
exposure, was a sailor. Not only do these cases reveal U.S. service
members’ continuing sexual violence against women in Okinawa, but they also
highlight how the U.S. military and Japanese civilian judicial systems fail
to provide justice for women sexually attacked by service members on the
island.

[image: USMC-Okinawa-map]

A map of Okinawa and U.S. military camps.

Map: U.S. Marine Corps via FOIA

*In August 2017,* just a year after the 2016 rape and murder prompted mass
outcry, a Marine seized a woman’s mobile phone to lure her into an
alleyway. He raped her, then told her to wash up using water from a puddle;
she later explained to police that she thought she was going to be
murdered. The victim filed a formal complaint with Okinawa police, and
according to the NCIS case file, she was adamant that charges would be
pressed. Nevertheless, when the case was referred to the Japanese
prosecutor’s office, it declined to proceed.

The NCIS took control of the case and declined to hold the suspect in
confinement during its investigation. Seven months after the alleged
attack, the victim withdrew from participation.

The suspect, meanwhile, committed another sexual assault — this time
against a female Marine in January 2018. He was tried at a general
court-martial and found guilty of this offense and others, including
attempted drug distribution, and received a three-year prison sentence and
a dishonorable discharge. But he was not punished for the rape of the
civilian.

In October 2017, a woman contacted the NCIS to file a complaint against a
Marine who had choked and raped her. The base commander declined
prosecution on the grounds that there was insufficient evidence. The case
file does not mention whether Japanese police were informed of the incident.

In the spring of 2018, the NCIS investigated two on-base incidents. In
February, a Marine touched a woman’s buttocks at a club on Camp Hansen. The
incident was reported to the military police, but the victim told Okinawa
police she did not wish to participate in an investigation; the base
commander decided not to punish the suspect. The following month, a Marine
sexually assaulted a woman during a concert at Camp Schwab. The NCIS
identified the suspect, but he denied the accusations. Japanese prosecutors
declined to prosecute, and the U.S. military decided not to take action
either.

Autumn of 2018 saw two more assaults. In October, at an off-base
establishment, a Marine pulled down a woman’s shirt to expose her breasts.
The woman declined to participate in the investigation by the NCIS or
Japanese police. As a result, the military charged the Marine with
disobeying orders as well as drunk and disorderly conduct. Instead of
facing a court-martial, he was allowed to leave the military without
receiving any punishment. In November, a woman reported that she had been
raped by a Marine at Marine Corps Air Station Futenma. Japanese prosecutors
ceded jurisdiction to the military, and following the NCIS investigation,
the Marine received a warning for disorderly conduct, drunkenness, and
indecent conduct — but he was permitted to stay in the military.

[image: Soldiers walk for an activation ceremony for the 1-1 Air Defense
Artillery Battalion (PAC-3) at Kadena Air Base in Okinawa, southern Japan,
Thursday, Nov. 30, 2006. The stationing of the 1-1 ADA will enhance the
security of Japan by providing a reliable defense asset and deterrent in
the region. The deployment of PAC-3 is part of efforts to bolster Japan's
missile defense capabilities. Seen in the background are PAC-2 missiles
used for training. (AP Photo/Shizuo Kambayashi)]

Soldiers walk for an activation ceremony at Kadena Air Base in Okinawa,
Japan, on Nov. 30, 2006.

Photo: Shizuo Kambayashi/AP

*“When you look* at these cases from an outsider’s perspective, it might
seem the military justice system is failing — but from a military
viewpoint, these cases show SOFA is working just fine,” said Fukurai. “For
the military, this is what SOFA and extraterritoriality are designed to do
— it is a system designed to protect American service members who break the
law in Japan from being punished under Japanese law.”

Takazato said she was angered by the NCIS reports — but not surprised.
“Okinawa is a paradise for U.S. service members wanting to sexually assault
women. They have the mentality that they won’t be punished here, and they
think Okinawan women don’t report sexual assaults,” she said.

“When you look at these cases from an outsider’s perspective, it might seem
the military justice system is failing — but from a military viewpoint,
these cases show SOFA is working just fine.”

Takazato asserts that some of the problem lies with the Japanese judicial
system, which frequently blames the victims of sexual assaults. Takazato
has accompanied victims of U.S. military violence to Japanese police
stations where she saw for herself how officers rebuke women for where they
had been or what clothes they had worn.

“When it comes to sexual crimes, this victim-blaming extends throughout the
Japanese justice system. But it is even worse for victims of the U.S.
military. Because the authorities prioritize Japan-U.S. relations over the
rights of Okinawans, prosecutors decline cases where the accused is a U.S.
service member,” said Takazato.

According to research <http://english.ryukyushimpo.jp/2017/12/14/28195/> by
the Okinawan newspaper the Ryukyu Shimpo, Japanese prosecutors were
significantly more reluctant to indict U.S. service members, contractors,
and their dependents than members of the Japanese general public. Between
2007 and 2016, only 18 percent of military-affiliated suspects were
indicted versus 41 percent of the public accused of crimes. The proportion
of military suspects prosecuted dropped to 15 percent in 2020, according to
the nongovernmental organization
<https://www.okinawatimes.co.jp/articles/-/786870> Japan Peace Committee.

One of the NCIS reports obtained via FOIA exemplifies how the U.S. military
can shut down Japanese police investigations.

In April 2015, witnesses in Kin town reported a man wearing a Marine Corps
uniform masturbating in a car near schools on two different days. Japanese
police identified the owner of the vehicle as a Marine sergeant.
Interviewed by Okinawa police and NCIS agents, he denied any involvement
and attempted to provide an alibi — but it did not check out.

When Okinawa police tried to interview the sergeant again, he invoked his
right to counsel, and then the Marine Corps Provost Marshal’s Office
advised the police that the suspect would not answer any more of their
questions. At this point, according to the NCIS report, Okinawa police
decided to drop the case, and the suspect’s command also decided not to
take any further action.

According to Marine Corps court-martial summaries, sex crimes targeting
children are endemic among the Marines in Okinawa. Between January 2015 and
December 2020, 69 Marines were convicted in Okinawa for sexual offenses
involving minors, including possession and distribution of child sexual
abuse images and actual or attempted sexual assault of a child. All of
those found guilty received military prison sentences and bad conduct or
dishonorable discharges. It is unclear how many of the cases involved
Okinawan children or how many were, for example, military dependents.

Neither the U.S. Air Force nor the Army makes their own court-martial
summaries readily accessible to the public, so it is difficult to ascertain
the prevalence of sexual assault of children by members of the Air Force
and soldiers in Okinawa. The Intercept has requested this data from United
States Forces Japan — but it has not yet been provided.

*Consistently, the U.S.* military attempts to play down the levels of
offenses committed by its service members in Okinawa. The Okinawa Marines’
homepage <https://www.okinawa.marines.mil/Portals/190/Docs/Ethos.pdf>
states that most of them are “law abiding, honorable and respectful” and
claims: “According to the Okinawa Prefectural Police (OPP) the U.S. SOFA
per capita crime rate is less than half the crime rate in Okinawa.”

[image: document1]

Marine Corps training slides, obtained via FOIA.

Document: FOIA

Orientation lectures <https://apjjf.org/2016/13/Mitchell.html>, given to
new Marines arriving on the island, state, “U.S. crime is limited to 1% of
all crimes on Okinawa (compared to 4% of the population).” Controversially,
the lectures attribute military crimes to “gaijin [foreigner] power.” One
lecture from February 2014, which I obtained via FOIA in 2016, states, “We
get carried-away with our sudden ‘gaijin power’ (Charisma man effect) and
tend to go over-board by doing things that is [sic] not acceptable to the
majority in society.”

Okinawa is the poorest prefecture in Japan
<https://www.okinawatimes.co.jp/articles/-/300288> — it has the country’s
highest unemployment rate, and 30 percent of Okinawan children live below
the poverty line. Many Okinawan women work in the service industry, often
in relatively unstable jobs. Hotel, bar, and restaurant staff frequently
bear the brunt of military violence.

In January 2019, for example, a maid at a hotel within Kadena Air Base
reported that an American civilian employee of Marine Corps Community
Services had been masturbating while she cleaned his room. He had stood up,
exposed his penis, and then, with what appeared to be semen on his fingers,
asked her for a tissue. The NCIS tried to locate the suspect in Okinawa,
but they could not find him because he had quit his on-base job and checked
out of the hotel earlier than scheduled. The report makes no mention that
Okinawa police were notified of the American employee’s harassment of the
maid, and the NCIS closed the case without finding the suspect.

Takazato says the NCIS reports help fill in the picture of military sexual
violence on her island, and she plans to add them to her ongoing chronology
of crimes against women dating back to April 1945. The sexual offenses
against women in Okinawa detailed in the reports are, of course, only a
fraction of the actual tally of military crime on the island. The reports
do not include investigations into offenses committed by soldiers and
members of the U.S. Air Force nor do they take into account the number of
victims who do not report their attacks.

But in the Marines’ perspective, as detailed in the orientation talks,
Okinawans have “double standards,” and their dissatisfaction toward the
U.S. military presence is “more emotional than logical.” After I reported
on the lectures
<https://www.japantimes.co.jp/community/2016/05/25/issues/u-s-marines-briefing-links-crimes-gaijin-power-okinawans-pays-complain/>in
2016, there was widespread anger in the prefecture; the Marine Corps said it
would review its contents
<https://www.japantimes.co.jp/news/2016/05/28/national/u-s-review-okinawa-training-procedures/>
.

A similar uproar occurred in 1995 when, commenting on the rape of the
12-year-old girl by three service members, Adm. Richard C. Macke, commander
of the United States Pacific Command, said
<https://www.nytimes.com/1995/11/18/world/admiral-has-to-quit-over-his-comments-on-okinawa-rape.html>
it would have cost less to visit a prostitute than hire the vehicle the
rapists had used to abduct the child. He was forced to resign.

The U.S. military’s claims that offenses committed by service members are
lower than the local population are flawed. They fail to note Japanese
prosecutors’ low indictment rate of military personnel, and they are silent
on offenses committed within the military, including rape and sexual
assault.

United States Forces Japan has not yet explained whether it stands by such
claims about its purported low crime rate nor has it provided more recent
data.

“It pays to complain,” state the Marine orientation lectures. “Anywhere
offense can be taken it will be used.”
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