Facts

Jane Doe and her friend Mary Roe (fictitious names authorized by the court to protect privacy), both 17 years of age, alleged they were coerced into having intercourse with former U.S. Marine Corps recruiters Joseph Dunzweiler and Brain Fukushima. Jane and Mary also alleged that not a single Marine who was present reported the incident or any other Marine's misconduct. During subsequent investigations they lied or covered up their own participation, observations or knowledge, but faced no consequences.

Jane and Mary sued Marine Corps Commandant Michael Hagee, the U.S. Marine Corps, Secretary of the Navy Donald Winter, The Dept. of the Navy, and the two recruiters under the Federal Tort Claims Act for negligence and for violations of their Fifth Amendment constitutional right to bodily integrity, which in this case means to be free from rape and other sexual violations while associating with the Marines. Based on widespread pattern and practices of sexual abuse in the Marine recruiting process, plaintiffs also sought injunctive relief.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended Dunzweiler employed the No Child Left Behind Database to locate and recruit female students such as Jane Doe. Dunzweiler then invited Doe to the recruiting office in Ukiah where he supplied alcohol and had sex with her on three occasions. Dunzweiler also organized a sleepover at which Jane brought Mary who became intoxicated and was coerced to sleep with Fukushima. The two recruiters gave the girls alcohol and Vicodin, then raped them on mats. They pressured them into consenting to sex in order to get into the Marines. The Marine Corps was aware of the recruiters' behavior and bragging about their sexual exploits with "poolies," yet they continued to allow these "sleepovers" unsupervised.

DEFENDANTS' CONTENTIONS:
The Marine Corps denied the allegations and argued the two girls consented to sex with the recruiters. They allegedly admitted as much in videotaped statements to the Mendocino County District Attorney because they worried about their parents' reactions. The recruiters did not require any additional supervision because the recruiters were properly selected and trained. No recruiter used the alleged database to locate Doe; she contacted the recruiting office.

Injuries

Emotional distress and humiliation from submitting to sex in order to join the Marines.

Result

The plaintiffs and their attorneys received $200,000 in a settlement. The settlement stipulation also provides: constant on-site command supervision of recruitment activities; notice that alerts recruits to the dangers of sexual assault or other abuse when attempting to enlist in the Marines; a demonstrably effective system for encouraging and enabling recruits to report sexual assault or other abuse in confidence to a uniformed victim's advocate and to talk with a female recruiter; meaningful and enforceable prohibitions against alcohol or drug use at recruitment activities and requirements that Marines truthfully report suspected or sexual misconduct by other marines; other necessary steps to ensure the effective prevention of rape and other sexual assault, abuse and misconduct. This settlement only applies to the San Francisco recruiting district. On Jan. 12, 2007 federal district judge Marilyn Hall Patel denied defendants' motion to dismiss. Fukushima was convicted of having sex with witnesses other than Doe. Both were court-martialed and discharged from the Marines before the suit.

Other Information

Defendants Brian Fukushima and Joseph Dunzweiler were In Pro Per.