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Denver woman's sexual assault complaint over ETD-alarm patdown being investigated

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Denver woman's sexual assault complaint over ETD-alarm patdown being investigated

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Old Jan 16, 2014, 8:30 am
  #1  
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Denver woman's sexual assault complaint over ETD-alarm patdown being investigated

Woman was accompanying 13-year-old daughter to gate and apparently alarmed ETD. Denver police claim to be treating it as an active investigation.


http://denver.cbslocal.com/2014/01/1...investigation/


This looks like a potentially interesting case that covers a lot of the complaints people have voiced about the forced-private-room patdown including:

-Cupping of the crotch and other private areas

-Repeating patdown of an area that has already been patted down and cleared, which could be argued to be more about intimidation than security.

-possibly the issue of the forced private room.

-use of sexual assault to achieve power over individuals: "'I feel like someone who works for a powerful agency that we are afraid of used their power to violate me sexually — to put me in my place,' said Steenhoek."

I doubt TSA would ever let it get to court, but if if does, having their "SSI" pat-down protocol exposed and documented (even though all of us who have experienced it know it quite well) and hearing their likely weak defense of these actions could be interesting.

Mods please delete/merge if I missed another thread on this. The article is 12 hours old, so I was surprised to not see anything.

Originally Posted by article
She said she was ushered into a small private room at the TSA checkpoint with her daughter watching from a few feet away.
“They told me to spread my arms and spread my feet.”
She said the female TSA agent seemed to get agitated when Steenhoek tried to hurry the process along so she could get her daughter to her plane.
“At that point she did a pretty invasive search. They are just areas of the body I’m not comfortable being touched in. On the outside of my pants she cupped my crotch. I was uncomfortable with that.”
Steenhoek said the agent repeatedly dug her fingers into Steenhoek’s armpits.
“The part of the search that bothered most was the breast search. You could tell it shouldn’t take that much groping. To me it was as extensive as an exam from my physician — full touching and grabbing in the front. I felt uncomfortable, I felt violated.”
She said when the search turned up nothing, the agent repeated it a second time.
“So it didn’t make any sense. The whole search was done over and more touching and grabbing than the first time.”
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Old Jan 16, 2014, 11:30 am
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Is this not the first time we have seen a PD agree to investigate a charge of sexual abuse at the hands of the TSA?
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Old Jan 16, 2014, 11:31 am
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I hope I'm wrong, but this is probably going to get swept under a very full rug.

I'm pleased to see this being reported in the media, though. The more exposure these disgusting, criminal, unnecessary sexual assaults receive, the better.
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Old Jan 16, 2014, 11:44 am
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It will be interesting to see how the case progresses. To me, it sounds like the TSA screener was being extra-forceful as a retaliation to the lady's request to hurry the screening (so she could get something to eat with her daughter before her flight). I am not sure what the 2nd do-over patdown was for.

I wonder what Blogger Bob will say. Probably the same "we treat all passengers with dignity" line.
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Old Jan 16, 2014, 1:03 pm
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Originally Posted by HawaiiTrvlr
I am not sure what the 2nd do-over patdown was for.
Based on my personal experience and what I've read from others here, the do-over patdown is standard. It's very much like TSA checking your ID 3 times; they have so little faith in their screening that they think repeating it will improve their chances of finding something. Of course, it's also intimidating.

At one point the SOP for the opt-out patdown (not the forced-private-room patdown) was described and I think it explicitly called for the back of the hand to be run up the leg until it met "resistance" either 2 or 3 times.
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Old Jan 16, 2014, 1:59 pm
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Originally Posted by studentff
...they have so little faith in their screening that they think repeating it will improve their chances of finding something. Of course, it's also intimidating.
I'm of the opinion that it's entirely about the intimidation.
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Old Jan 16, 2014, 2:06 pm
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Originally Posted by studentff
At one point the SOP for the opt-out patdown (not the forced-private-room patdown) was described and I think it explicitly called for the back of the hand to be run up the leg until it met "resistance" either 2 or 3 times.
That is different, however, than re-doing the entire grope a second time, which is my understanding as to what happened to this woman.
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Old Jan 16, 2014, 2:38 pm
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What the SOP is for an opt-out or resolution pat-down is irrelevant.

Sexual assault is sexual assault. And it's a felony.
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Old Jan 16, 2014, 2:54 pm
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Originally Posted by Spiff
What the SOP is for an opt-out or resolution pat-down is irrelevant.

Sexual assault is sexual assault. And it's a felony.
Sexual assault is a felony ... but no court has convicted a TSO of sexual assault simply for performing their screening duties. That doesn't mean that one won't eventually do so ... but the next such conviction would be the first.

Reading the original article ... there's very little to be encouraged about. The plaintiff alleged that she was sexually assaulted. Denver PD is investigating, as they should with any claim of sexual assault. But I'd be stunned if this leads to a criminal charge being filed.

All that's going to happen as a result of this is a standard TSA press release with the standard non-apology apology ("we're sorry she was displeased, but we did our job"), and then a lot of armchair quarterbacks making a lot of speeches before everyone forgets about it a few weeks from now.
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Old Jan 16, 2014, 4:27 pm
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Carrie Harmon, a spokesperson for the TSA at Denver International Airport, declined a CBS4 request for an on camera interview but released a statement saying, “... The agency cannot comment on an ongoing law enforcement investigation, but is confident the facts will support our officer’s adherence to proper pat-down procedures.”
The TSA just commented on an ongoing law enforcement investigation (it "is confident the facts will support our officer's [sic] adherence ...").

Are "proper pat-down procedures" SSI? Can that information be shared with the Denver PD?

Why "can't" the TSA comment on an ongoing law enforcement investigation? Is there a federal regulation forbidding it? If so, wasn't that just violated? If not, what is the basis for Ms. Harmon's claim?
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Old Jan 16, 2014, 4:58 pm
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umm

I have said this several times in here, In order for it to be a crime, there has to be INTENT to arouse either the victim or the suspect. Given that the TSA officer was performing a procedure designed to detect explosives that are under the clothing, (think underwear bomber here) and it was in line with the standard operating procedure, there is no chance for a criminal action to proceed. Given the recent federal court ruling on detention of the guy that had arabic note cards in his possession, there is no hope of a civil suit either. I understand that this is upsetting to some people, I recently had to perform this procedure on a 14 year old WITH his mother present. After a complete explanation, both were fine with it.
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Old Jan 16, 2014, 5:31 pm
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eyecue we shall see.
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Old Jan 16, 2014, 5:43 pm
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Originally Posted by eyecue
I have said this several times in here, In order for it to be a crime, there has to be INTENT to arouse either the victim or the suspect. Given that the TSA officer was performing a procedure designed to detect explosives that are under the clothing, (think underwear bomber here) and it was in line with the standard operating procedure, there is no chance for a criminal action to proceed. Given the recent federal court ruling on detention of the guy that had arabic note cards in his possession, there is no hope of a civil suit either. I understand that this is upsetting to some people, I recently had to perform this procedure on a 14 year old WITH his mother present. After a complete explanation, both were fine with it.
If someone walks down the street and gropes someone else, it's still sexual assault even if there is no intent on arousal. In fact, arousal is often absent in sexual assault cases - it's frequently about criminally exercising dominance over the other party - prisons are unfortunately an excellent example.

"I am going to be sexually assaulting you or you will not fly." Real nice. Consent under duress is not consent.
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Old Jan 16, 2014, 6:11 pm
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Originally Posted by eyecue
I have said this several times in here, In order for it to be a crime, there has to be INTENT to arouse either the victim or the suspect. Given that the TSA officer was performing a procedure designed to detect explosives that are under the clothing, (think underwear bomber here) and it was in line with the standard operating procedure, there is no chance for a criminal action to proceed. Given the recent federal court ruling on detention of the guy that had arabic note cards in his possession, there is no hope of a civil suit either. I understand that this is upsetting to some people, I recently had to perform this procedure on a 14 year old WITH his mother present. After a complete explanation, both were fine with it.
Sexual assault can also be interpreted as physical contact through
intimidation, when there are implied or real consequences for refusing.
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Old Jan 16, 2014, 6:26 pm
  #15  
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Originally Posted by eyecue
I have said this several times in here, In order for it to be a crime, there has to be INTENT to arouse either the victim or the suspect. Given that the TSA officer was performing a procedure designed to detect explosives that are under the clothing, (think underwear bomber here) and it was in line with the standard operating procedure, there is no chance for a criminal action to proceed. Given the recent federal court ruling on detention of the guy that had arabic note cards in his possession, there is no hope of a civil suit either. I understand that this is upsetting to some people, I recently had to perform this procedure on a 14 year old WITH his mother present. After a complete explanation, both were fine with it.
Sexual assault can take place -- and often does -- on a basis that has nothing to do with causing sexual arousal in the target or in the perpetrator of the sexual assault. A lot of sexual assault is done just to objectify, subjugate and harm the target of the assault and has nothing to do with sexual arousal.
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