Guideline D: Sexual Behavior
Sexual Behavior Concerns
Guideline D notes that sexual behavior can be concerning in a number of ways: behavior that is illegal, such as engaging in or soliciting prostitution, behavior that reflects a lack of discretion or judgment, and behavior that exposes someone to coercion or blackmail. Assessing sexual behavior is a highly sensitive matter in the best of circumstances. The wrong sexual orientation or conduct used to be considered a mental illness and was even criminal sexual behavior known as moral turpitude. While society and the United States government have developed a more liberal interpretation of appropriate sexual behavior, there are still numerous behaviors that can raise security concerns.
Sexual Behavior and Security Concerns
Criminal sexual conduct: Soliciting a sex worker, sexual assault, battery, or abuse, lewd and lascivious behavior, or possessing or trafficking in illegal pornography are all forms of sexual misconduct that can cause criminal charges and create security concerns.
High-risk sexual behavior: compulsive and self-destructive sexual behavior can be a risk to an individual’s own safety as well as to national security.
Any behavior that is so unusual, embarrassing, or high-risk might open one to coercion, exploitation, or duress. What defines bizarre sexual conduct is open to interpretation, but if the conduct would cause a problem for the individual in the community or at work, even if it is not against the law, there is a chance that it could be used to leverage someone to fail to protect classified information.
Sexual behavior that is either public or otherwise reflects poor judgment or discretion, such as extramarital affairs.
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Mitigating Sexual Behavior Concerns
Mitigation is addressed in SEAD 4 for all guidelines. Like other mitigations of other guidelines, time and changed circumstances could mitigate security concerns involving sexual behavior. Specific mitigation can include:
Time
The more time that has passed without the concerning behavior occurring, the better, especially where the conduct occurred as a juvenile.
Unusual Circumstances
Where the concerning sexual behavior was so long ago, infrequent, or under unusual circumstances that it appears unlikely to recur.
Rehabilitation
Demonstrating a period of treatment for the concerning sexual behavior, whether court-ordered or voluntary, along with a positive prognosis from a mental health professional, can mitigate the concern. If there is a criminal component to the concern, completing court-ordered treatment and other requirements also assists in mitigation. Making other permanent behavioral changes can demonstrate a low likelihood of recurrence.
Lack of Pressure or Coercion
If the sexual behavior in question is private, consensual, and discreet, there is less chance of it being used to pressure or coerce the applicant. Where affairs or other behavior are hidden, the potential for coercion remains, and addressing these matters makes a big difference in how a response is crafted. This is often true where the behavior that might otherwise raise a concern was consensual, strictly private, and not harmful to anyone involved.
Contact an Experienced Guideline D Security Clearance Attorney Today
Sexual behavior concerns can be difficult to honestly address and mitigate, and are often cited along with concerns about criminal conduct, psychological conditions, and personal conduct. One incident can invoke multiple guidelines, and you must make sure to address how the incident is mitigated under each guideline’s concerns. Getting properly evaluated and treated and building the most effective mitigation for your case requires an experienced attorney. Contact us today for a free, confidential consultation. Brian@LSAttorneys.com. 847-775-7701.
