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Opponent decries Burr's vote on rape legislation

Wednesday, October 21, 2009
(Updated 8:01 am)

RALEIGH (MCT) — Republican Sen. Richard Burr has been accused by a Democratic opponent of voting against protecting rape victims working as contractors in Iraq, a charge that he denies.

North Carolina Secretary of State Elaine Marshall noted that Burr was one of 30 Republican senators who voted last week against an amendment that grew out of a publicized case of a Halliburton employee who was gang-raped by co-workers.

''Senator Burr has obviously been in Washington too long," said Marshall, who is one of two Democrats who say they will challenge Burr's 2010 bid for a second term. She is also a founder of a rape crisis center. "This is a clear-cut case of right versus wrong, and Richard Burr got it wrong."

Burr has also drawn criticism from TV comedian/commentator Jon Stewart.

But a Burr spokesman said the case was far more complicated, and the amendment offered by Democratic Sen. Al Franken, D-Minn., would not have accomplished what its supporters advertised.

''Senator Burr believes violence against women is despicable and intolerable, and those who have committed or abetted such heinous crimes should be subjected to the full weight of the law," said David Ward, Burr's chief spokesman. "Unfortunately, the Franken amendment would not do anything to protect women from violence or to punish criminals. If it had, Senator Burr would certainly have voted for the amendment."

The motive for the bill

The legislation grew out of an incident involving Jamie Leigh Jones, a Houston woman who has testified before Congress that she was gang-raped by seven fellow firefighters at a Halliburton/KBR camp in Baghdad in 2005. She said 38 women have come forward through her foundation to report their own stories of sexual harassment or rape while serving in Iraq, Kuwait and other countries.

But Jones said she and others have been forced to take their complaints before closed arbitration panels rather than in open court before a judge and jury because of an arbitration agreement that was part of the contract they signed when they went to work for Halliburton/KBR.

Jones, who was 20 when she was assaulted, told a Senate committee, "I had no idea that the clause was part of the contract, what the clause actually meant, or that I would eventually end up in this horrible situation."

Franken offered an amendment to a defense appropriations bill that would ban federal funds going to companies that require arbitration in the case of sexual assault. The measure passed 68 to 30 with all the Democrats and all the Republican women voting for the Franken amendment.

''Contractors are using fine print to deny women like Jamie Leigh Jones their day in court," Franken said during the Senate debate.

But Ward, Burr's spokesman, said the Franken amendment would not protect women from rape, but would prevent contractors from getting paid. He said that the Defense Department under President Barack Obama opposed the amendment and that such arbitration agreements are nonbinding when it comes to criminal acts such as rape. Crimes can still be prosecuted by the government.

''Unfortunately," Ward said, "the Franken amendment was a cynical attempt by the trial lawyers to eliminate arbitration agreements, which limit their fees, behind the guise of protecting women."

Accompanying Photos

Photo Caption: Sen. Richard Burr and North Carolina Secretary of State Elaine Marshall

Comments

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JoeScott

October 21, 2009 - 7:03 am EDT

Is rape a morally conservative value? I think not. This should make it clear to anyone who believes the Republican party are soldiers for moral value and decency that with some exceptions, their true raison d'être is to gratify and protect those who hold the purse strings.

The purpose of this bill was clear cut: Contractors in Iraq should not have the legal protection to keep employees suspected of rape out of court. What kind of man with a mother, wife, or daughter could vote "no" on this bill and think it was okay? Burr's comment as to why he voted against the bill was a complete and total lie. It's clear he was serving a power he feels is more important than the basic legal rights of a human being.

westronandnan@aol.com

October 21, 2009 - 7:23 am EDT

Thanks, Joe, for your post. You pretty well said it all. Except, isn't it ironic that once again controversy is swirling around Cheney's Halliburton and the preferential treatment they received with their no-bid contracts?

Billions made by Halliburton with no bid and to think that Cheney wasn't a recipient of some of this largess is absolute folly.

NRay

October 21, 2009 - 8:14 am EDT

I believe it, but only because it apparently is not disputed, that Halliburton's contract contained an arbitration clause for rape committed by employees on an employee. Of course the company does not want lawyers poking into such matters--attorneys might actually uncover what happened. It's laughable to suppose that an "arbitrater", no doubt picked by the company, is going to do much in the way of justice, short of moving a few employees out of or around the company. Gosh, if the lawyers are such a corrosive element in the administration of justice, why do so many people with grievances call them? Why doesn't "private enterprise" come up with an arbitration service that victims could come to for justice without the assistance of lawyers? It's not being done because someone with knowledge of legal rights must advocate for the aggrieved. Nearly everyone actually does understand that, even the cynical spokesman for Senator Burr.

VALawyer

October 21, 2009 - 8:29 am EDT

The bill wouldn't have permitted contractors from getting paid. It would have prevented them from putting those evil arbitration clauses in their contracts with employees. Burr is just another republican corporate slave who worships the almighty private sector and thinks they can do no wrong. This is a prime example of the republican mentality. They don't give a d@mn about their constituents, all they care about is maintaining corporate profits so don't think for a minute that republicans care about your healthcare! All of their arguments are phony regarding their concern about "death panels" and whether you will lose your insurance if a public option passes. All they care about is whether insurance companies makes as much money as possible. Satan is the head of the republican party.

nippded twistle

October 21, 2009 - 8:38 am EDT

Remember in November! Vote incumbents out, vote in citizens with servant hearts and minds.

Gator

October 21, 2009 - 9:27 am EDT

We have a President and democratic Senate/Congress that promotes abortions in America and Foreign countries. And WE have to pay for it! Yeah I’m going to vote for someone promoting deaths of millions of innocent victims. Roll Eyes

JoeScott

October 21, 2009 - 10:57 am EDT

Gator, so many people feel the way that you do, but what they fail to realize is that if the Republicans truly wanted to end abortion, they could have done it easily during the Reagan and Bush II eras. After all, this is the same party that sent America to war with obviously baked intel. It's a line they tow to drum support from the religious right, but when push comes to shove, they don't really care. Same goes for prayer in schools.

Ever notice how no one has seriously tried to propose a bill or amendment on either of these issues EVER? Yeah, they get talked about during election years, but politicians seldom even talk about once elected.

At the end of the day, if people truly want to end abortion so badly, they should do everything in their power to make America and the world a place worth living in.

Republicans are what I call "post-birth abortionists." They demand that all children be born, but after this happens, a kid can perish as a result of our faulty healthcare system, and no big deal.

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