Pete Hegseth's story changed in sexual assault investigation

Controversial sexual encounter in 2017 could go down President-elect Donald Trump His decision to lead the Ministry of Defense was alcohol-related, Personal discontent and changing narrative on sexual assault experts say could weaken former Fox News anchor Pete Hegseth’s credibility.

Hegseth told investigators in a recently released 2017 police report that he had only consumed beer and been “buzzing” but not drunk at the Hyatt Regency Monterey Hotel and Spa in Northern California before the incident, prompting the sexual assault investigation. secret monetary agreement.

Hegseth’s statement to police directly contradicts a 2017 witness statement and recent statements from his attorney, who said Hegseth was visibly drunk the night in question and that his alleged victim was the “aggressor in the encounter.”

No charges were filed, and Hegseth insisted the encounter was consensual.

The graphic came on the day the police report was released former Rep. Matt Gaetz withdrew From being considered as Trump’s next attorney general sexual abuse allegations involves a minor.

Trump nominated three more people besides Gaetz accused of sexual harassment Hegseth, Elon Musk, and Robert F. Kennedy, Jr. all held important positions in his next administration.

Sen. Roger Wicker, the next chairman of the Senate Armed Services Committee, told reporters after meeting with the nominee on Thursday that Hegseth “will do pretty well” even though Gaetz faces an uphill confirmation battle. .

A ‘reptilian’ atmosphere

The 2017 allegation centers on the California Federation of Republican Women convention at which Hegseth, a telegenic Republican culture warrior, was the keynote speaker on Saturday, October 7, and where her alleged victim was an employee of the organization.

That night, the alleged victim expressed her dislike of Hegseth multiple times.

According to the information obtained, in the messages he wrote to his wife, who was staying with him at the hotel, their two little childrenHe wrote that Hegseth was exuding “creeper” vibes by mocking him while speaking from the podium.

“I’ll be here all night,” he wrote. “Terrible.” She also texted her husband saying he was drinking “a lot more than normal.”

‘Groin blocker’

Later that night, after the conference attendees had moved on to the hotel sports bar after the party, Hegseth insisted on asking another woman to come back to his room, so the alleged victim intervened and touched the woman’s knee while she was making her play. police report.

An investigator wrote in the woman’s police report that she “came to the attention of JANE DOE” as the alleged victim, and JANE DOE “became a crotch blocker.” This witness told police that the alleged victim did not appear to be drunk.

poolside discussion

Surveillance footage shows Hegseth and the alleged victim leaving the hotel bar arm in arm around 1:15 a.m. on Oct. 8.

At 1:30 a.m., following noise complaints, a hotel employee was dispatched to the pool area, where he found the alleged victim and Hegseth. He told police they had argued about what he described as Hegseth’s disrespectful treatment of the woman at the bar. The employee told police Hegseth appeared “very drunk,” cursed when asked to reduce the noise, and said he had “freedom of speech.”

The alleged victim apologized to the employee and directed Hegseth away from the pool area and toward his room.

‘I’m worried about you’

After a while, she received a text message from her husband that read: “Holy smoking lady… I don’t remember the last time you socialized around 2:00 a.m.”

The last message of the night was cut off: “Hahaha I know. I have to make sure of that…”

His wife replied: “Are you okay? My love? I’m worried about you.”

Buzzy or drunk?

Around 4 a.m. Sunday morning, the alleged victim returned to her hotel room and attended the activities of the Republican women’s group that morning. He told police he began to remember parts of the incident with Hegseth on Monday.

Four days after the incident, the alleged victim submitted to a sexual assault examination and The nurse notified the police. The victim told investigators she didn’t know how Hegseth got into her room, but she remembered Hegseth closing the door when she tried to leave. He told police he took his phone at one point.

Hegseth told police he had been “buzzing” throughout the evening but was not drunk and did not remember being punished for noise at the pool or fighting anyone. He told investigators he remembered “not thinking” about having sex before encountering the alleged victim and was surprised when she joined him in his room.

The police report states that Hegseth “stated that there was ‘always’ conversation and ‘always’ consensual communication between the two.” The alleged victim later told police he “showed early signs of remorse,” the report said.

Seven years later, during a cabinet appointment, Hegseth’s lawyer, Timothy Parlatore, He told media organizations Hegseth was “visibly intoxicated” and the woman was the “aggressor in the encounter.”

A changing story

Questions arise any time the allegations change during a criminal investigation, said Laurie Levenson, a criminal law expert at Loyola Law School in Los Angeles.

“Would it be more accurate to say that he was not drunk and support this woman’s view that he was the responsible person judging her drunkenness?” Levenson said Hegseth has reversed himself. “Or would it be better to say, ‘Wow, I don’t remember the details because I was so drunk’?”

Levenson said issues around intoxication and consent often arise in sexual assault allegations. He noted that the district attorney’s decision not to file criminal charges was not the same as exonerating Hegseth of the crime.

“Did you sexually assault a woman in Monterey, California?” Hegseth asked Thursday on Capitol Hill. he addressed the allegation to a crowd of reporters asking.

“It’s very simple,” Hegseth replied. “The matter was fully investigated and I was completely cleared. I will leave it at that.”

Hegseth later paid the alleged victim an undisclosed amount Parlatore told media outlets that he approached media outlets to resolve a potential civil lawsuit. The agreement included a confidentiality clause prohibiting him from discussing the incident. When CNN contacted him last week, he “was visibly distraught at the mention of Hegseth’s name but declined to be interviewed.” exit reported.

Justin Boardman, a former Utah sex crimes investigator who is now a consultant, said he was struck by the discrepancy between Hegseth’s statement to police in 2017 about whether he was drunk and his lawyer’s words this week.

“He described himself as a sober person, carefully discussing a consensual encounter every step of the way,” Boardman said. “He was saying anything to make himself appear in the best possible light to the police.” Parlatore did not respond to a question about Hegseth’s changing story.

Consensual sexual assault cases become more difficult in court

Alcohol and drug use are often the mainstay of sexual assault investigations. National standards warn nurse examiners that voluntary use of alcohol or drugs is often used to undermine a victim’s credibility in court, but in some cases it can assist in the prosecution of a case by documenting the victim’s vulnerability.

The standards also set a toxicology collection window of approximately 96 hours following an alleged assault. In 2017, the woman reported the incident four days later, roughly by the window.

The police report does not indicate whether a toxicology screening was completed, which could indicate the presence of alcohol or drugs.

In California, as elsewhere, people cannot consent if they are too intoxicated, but the prosecutor must prove that this was “known or reasonably should have been known to the defendant.”

Boardman, the former sexual assault investigator, said cases fueled by alcohol and drugs are particularly difficult to investigate and prove to a jury. They face obstacles to measuring alcohol consumption and juries’ biases regarding rape.

Hegseth’s behavior with the other woman at the bar may also be taken into consideration, Boardman said.

“He had the authority to go after someone else by acting in the bar,” Boardman said. “He was touching other women inappropriately.”

On Thursday, Trump transition spokeswoman Karoline Leavitt defended Hegseth following the release of the police report.

“This report confirms what Mr. Hegseth’s lawyers have said all along: the incident was fully investigated and no charges were filed because police determined the allegations were unfounded,” Leavitt said.

In a statement to KSBW NewsThe Monterey County District Attorney’s Office said “neither charge is supported by evidence beyond a reasonable doubt.”

Nick Penzenstadler is a reporter on the USA TODAY investigative team. Contact him at [email protected] or @npenzenstadler or on Signal at (720) 507-5273.