U.S. Customs and Border Protection leadership knew about an alleged sexual assault in which a female Border Patrol trainee claimed to have been raped by at least one instructor and multiple male peers at a graduation party—but they did not take proper action in the years following the incident, a former internal affairs chief has told Newsweek.
James Tomsheck was head of internal affairs from 2006 to 2014 before being removed from the role amid criticism of his team's handling of allegations of inappropriate use of force by Border Patrol agents.
詹姆斯·托姆舍克 ( James Tomsheck ) 曾在2006年至2014年期间担任内务部部长，之后因其团队在处理边境巡逻人员被指控使用武力不当事件上受到通报批评及免职处分。
Tomsheck said that when he was first given the file on the alleged incident, which was believed to have taken place in the early 2000s, he was left horrified by its contents.
The 'game of smiles'
“ 微笑游戏 ”
Placed on his desk within his first month on the job, he said the report detailed a "disgusting sexual predator event" in which a female Border Patrol trainee based at a facility near Charleston, South Carolina, claimed to have been invited to a graduation party at an instructor's temporary residence.
他说，这份报告详细记录了一起 “ 令人作呕的性侵犯事件” 。在这起事件中，一名驻扎在南卡罗来纳州查尔斯顿(Charleston)附近某设施的边境巡逻女实习生声称，自己受邀参加了在其教官临时住所所举办的毕业派对。
After being "encouraged" to drink a considerable amount of alcohol by her superiors, the woman said she had then been asked to participate in a game they referred to as the "game of smiles."
据这位女见习生称，她在受其上级 “诱使” 下喝下数杯烈酒后，他们又要求她参加一个称之为 “ 微笑游戏 ” 的活动。
"In great graphic detail, this game was described as a scenario wherein several men would sit around a table with their pants down. The female would then go under the table and engage in oral sex with different members, different persons sitting under the table," Tomsheck told Newsweek.
托姆舍克告诉《新闻周刊》，报告对该游戏的 “ 生动 ” 细节也有详细说明：数名男性先是脱下裤子围坐在桌边。然后，女性会钻到桌子下面，与不同成员、不同男性进行口/交。”
"The intent of the game, as described in the report, you lost if you smiled while sitting at the table. This disgusting sexual predator event was documented in great detail," he said.
正如报告中所描述的那样，如果你坐在桌边露出微笑，你就输了。该性侵犯事件中令人作恶的情景在报告中都有详细记录， ” 他说。
The report then went on to claim that the female Border Patrol trainee had been further sexually assaulted after falling unconscious "by virtue of alcohol consumption," Tomsheck said.
托姆舍克说，报告接着又提及，这名边境巡逻女学员在 “ 被灌酒 ” 而失去意识后，遭到了进一步的性侵犯。
"Several of the instructors and others present at this party then engaged in sexual intercourse with her, constituting a first-degree sexual assault," he said.
“几名教官和在场的其他人随后与她发生了性关系，并构成一级强/奸罪， ” 他说。
Tomsheck said an internal investigation found reason to believe the alleged incident did occur. However, because the probe occurred around the same time that the U.S. government's immigration and national security arm was undergoing a major shake-up in the wake of the terrorist attacks of 2001, Tomsheck said it "laid dormant for several months that became years."
托姆舍克说，经由内部调查发现证明这起事件真实发生的依据。但由于开展该调查的时间与美国移民与国家安全部门因遭受2001年恐怖袭击事件而面临重大改组的时间几乎重合，这项调查 “ 就此告罄，原定暂停几个月的决议后来一拖数年之久 ” 。
While the investigation would have previously been under the purview of the Immigration and Naturalization Service agency, which ceased to exist in 2003 with the creation of the Department of Homeland Security, it was later picked up again by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility, which had been tasked with professional oversight.
“ 非常不安 ”
For reasons unknown to Tomsheck the case once again appeared to go into a dormant state, according to the file. It later appeared to be shut down when the victim decided she no longer wished to move forward with the case.
"I was extremely disturbed by both the findings of the investigation and the lack of action on the part of Border Patrol managers, senior leadership, to hold accountable those responsible for those gross acts that occurred," Tomsheck said.
He said by the time he found out about the investigation, it had been closed after the victim had "chosen not to cooperate."
他说，当他得知调查结果时，调查已经结束，因为受害者 “ 选择不合作 ”。
"The conflict I faced was respecting the privacy of the victim, who in the final report she had clearly indicated she wanted no further involvement with the incident. She stated within the investigation that she did not want to cooperate any further," he said.
Tomsheck said he believed it was important to respect the alleged victim's decision. However, he also felt that Border Patrol officials should have continued to investigate the case without her involvement and determine whether any disciplinary action should be taken.
The former internal affairs chief said he was reassured that the investigative findings had been provided to Border Patrol leadership, who would be responsible for determining what level of discipline would be appropriate for those found to have been involved.
As far as Tomsheck is aware, however, no Border Patrol instructors or trainees were ever "held accountable" over the incident. It is likely, he said, that those who did go on to have careers with the agency, would have either have been promoted or retired by now.
然而，据托姆舍克所知，边境巡逻队的所有教官或受训人员都没有做到对这一事件 “ 负责 ” 。他说，那些后来继续在该机构工作的人，现在很可能要么已经升职，要么已经退休了。
Tomsheck said he did not hear about the "game of smiles" case again until years later, in 2015, not long after he had been removed his role, when he spoke with a senior Border Patrol official who was also aware of the so-called "game."
托姆舍克说，多年之后，也就是2015年，他才再次听闻这起名为 “ 微笑游戏 ” 的案子，当时他刚被撤职不久，他与一名了解所谓 “ 游戏” 的边境巡逻高级官员进行了交谈。
The former internal affairs chief said he was surprised to learn from the official that the case had not been pursued because Border Patrol leadership had determined that the event had simply not occurred. Having read the previous report, which found reason to believe the incident had taken place, Tomsheck questioned how that could be true.
When Tomsheck laid out the findings in the report, he said the senior Border Patrol official "expressed great concern" about the information he relayed.
当托姆舍克在报告中阐述调查结果时，他说，这名边境巡逻的高级官员对他所透露的信息 “ 表示出极大的关切 ” 。
The term "game of smiles" is one that former Border Patrol Agent Jenn Budd had independently told Newsweek that she had been made aware of during her time as a trainee within the agency in the 1990s. She recently shared with Newsweek her own story of surviving an alleged sexual assault as a Border Patrol trainee.
“ 微笑游戏 ” 这个词是前边境巡逻特工简·巴德在接受《新闻周刊》单独采访时提到的。她最近向《新闻周刊》(Newsweek)分享了自己的故事，讲述了自己作为边境巡逻实习生在一起涉嫌性侵犯中幸存下来的故事。
巴德说，她在该机构位于佐治亚州格林科(Glynco)的培训学院(training academy)的第一周就受到了女上司的警告。她说，“ 微笑游戏 ” 也被学员们称为 “ 圈击 ” 。
While Budd said she had never heard of any specific incidents in which the "game" had unfolded, she had been warned about it by superiors who also warned her and other female trainees to watch their drinks around men within the Border Patrol.
巴德说，即便她从未听说过这种 “ 游戏 ” 相关的任何具体事件，但其上级早就针对她和其他女学员陪同边境巡逻队的男性喝酒而警告过她。
Former Border Patrol agent Jenn Budd says her supervisors at the Border Patrol's academy in Glynco, Georgia only told her to file a complaint when she came forward with her rape allegations.
'A very disturbing pattern'
“ 一种非常令人不安的模式 ”
While Tomsheck said his concerns about sexual misconduct within the Border Patrol began with the "horrific" allegations outlined in the report he first read in 2006, they did not end there.
托姆舍克表示，虽然他对于边境巡逻队内部性行为不端的担忧在2006年他最初读到报告中简述的 “可怕” 指控就已经开始，但这类指控并未止步于此。
"That report was the first indicator that I became aware of sexual misconduct problems within the ranks of Border Patrol," he told Newsweek. "Over the course of the next eight years, I came to understand that this was a very disturbing pattern and practice of abuse that existed within the ranks of the Border Patrol and appeared to be part of the Border Patrol culture."
他对《新闻周刊》说： “ 那份报告使我第一次意识到边境巡逻队存在性行为不端问题。” “ 而在接下来的8年里，我发现令人不安的是，这类施加虐待的行为在边境巡逻队内部已然成为一种惯有模式和做法，而且甚至已成为边境巡逻队文化的一部分。”
During the final weeks of his role as CBP head of internal affairs before being removed from the post, Tomsheck said he sent a report to CBP's leadership, warning about the high rate of "sexual misconduct" allegations within the Border Patrol and within the CBP.
在被撤职前担任CBP内务主管的最后几周，托姆舍克表示，他向CBP领导层提交了一份报告，意在警告边境巡逻队和CBP内部的 “ 不当性行为 ” 指控的高发率。
"I believe the number was well in excess of 30, close to 35 instances of frontline Border Patrol agents or CBP officers engaging in sexual misconduct that ran the gamut from unwanted touching, inappropriate sexual verbal comments to first-degree sexual assault," he said. "It was occurring within the ranks of U.S. Customs and Border Patrol at a rate that far exceeded that of the general population."
他说：“ 我相信这个数字远远超过30，而且光是前线边境巡逻人员或海关边检人员从事不当性行为的案例就有近35起，从强迫性的身体接触到不恰当的性言辞甚至是一级性侵犯也绿屡见不鲜。” “ 此类事件在美国海关和边境巡逻队内部的发生率远远超过了一般人群。”
While Tomsheck said there were cases of Border Patrol agents victimizing migrants and asylum seekers or other people they engaged with at the border, many of the allegations made against Border Patrol workers included incidents that saw female agents being targeted.
Tomsheck said he forwarded the report outlining more than 30 sexual misconduct incidents alleged to have occurred in the roughly 18 months leading up to April 2014 to the recently appointed Commissioner of CBP, R. Gil Kerlikowske, and then-acting deputy commissioner of CBP, Kevin McAleenan. Neither Kerlikowske, who oversaw Tomsheck's removal from CBP's internal affairs office, nor McAleenan would have held the top jobs in the agency around the time the incident was alleged to have occurred.
McAleenan would eventually go on to become CBP commissioner under the Trump administration, before being quickly promoted to Acting Secretary of the Department of Homeland Security in April 2019, following the high-profile resignation of then-DHS chief Kirstjen Nielsen. McAleenan followed Nielsen out the White House not long after, stepping down from the role in October.
According to Tomsheck, the former internal affairs chief's report was quickly dismissed, with McAleenan's only response being to question why he had sent it out in the first place.
McAleenan has disputed that account, however, with a source close to him telling Newsweek that McAleenan has no recollection of receiving such a report or ever having such an exchange with Tomsheck.
This photo shows a US Border Patrol patch on a border agent's uniform in McAllen, Texas, on January 15, 2019. The Border Patrol has faced growing scrutiny over claims of sexism and sexual misconduct within the agency. SUZANNE CORDEIRO/AFP/Getty
这张照片拍摄于2019年1月15日，图中显示的是某位驻守在美国德克萨斯州麦卡伦的边境巡逻人员的制服上的补丁。边境巡逻队因机构内部存在性别歧视和不当性行为的指控而面临越来越多的审查。图片提供：SUZANNE CORDEIRO /法新社/Getty图片
In a phone interview with Newsweek, Kerlikowske said he does remember receiving a report outlining concerns around sexual misconduct from Tomsheck. He also acknowledged that it was not the first time Tomsheck had tried to flag the issue with CBP leadership.
However, he said that his office was unable to verify where the internal affairs chief was getting his "data" from.
不过，他表示，他的手下无法核实这位内政部长的 “ 数据 ” 的准确来源。
"I don't know where his perspective or information came from other than kind of anecdotal," he said.
“ 除了一些轶事之外，我不知道他所持的看法或得到的信息出自何处，” 他说。
Tomsheck has maintained that the information was far from "anecdotal," and insists that the report simply relayed confirmed allegations and convictions concerning Border Patrol agents and CBP officers.
托姆舍克坚称，这些信息远非 “ 传闻 ”，并坚称，这份报告仅仅转述了有关边境巡逻人员和CBP官员的已证实的指控和定罪。
Kerlikowske said he said that he decided to remove Tomsheck from his post because of the "clear lack of accomplishment in the years by internal affairs." The agency, he said, was "getting a whole new authority" at the time that required a "fresh perspective and new leadership."
克里考斯基说，他之所以决定解除汤姆谢克的职务，是因为 “ 这些年来，他所处理的内部事务明显不见成效 ”。他说，该机构当时 “ 计划建立全新的权威机构”，需要 “ 全新的视角和新的领导层 ”。
Asked whether he believed, at the time, that there might be a problem of sexual misconduct within the Border Patrol, Kerlikowske said he "didn't try to separate out all the different problems of discipline" within the agency, "whether it was domestic violence, sexual assault or use of force."
当被问及他当时是否认为边境巡逻队可能存在性行为不端的问题时，克里考斯基说，他 “ 并未试图区别对待该机构内部所有不同的纪律问题 ”，“ 无论是家庭暴力、性侵犯还是使用武力 ”。
He did acknowledge that the agency's struggle to recruit women then—and now—was "problematic," but said he had tried to promote efforts to do more to see women recruited across federal law enforcement bodies.
他承认，该机构在招募女性学员方面一直以来付出了很大努力，但是 “ 作用不大 ” ，然而他还表示自己曾努力推动增加应对措施以招募女性联邦执法人员。
Kerlikowske maintained that he had never heard of the "game of smiles." However, as has been noted, if the incident did take place, it would have occurred before his time in office.
克里考斯基坚称他从未听说过什么 “ 微笑游戏 ” 。但是，正如报告所指出的，如果确实发生了这一事件，那么可能发生在其任职之前。
The former CBP commissioner also told Newsweek that if Tomsheck was seriously concerned about sexual misconduct allegations within the Border Patrol agency, he should have done more to push the issue.
"If I would have gone to my chief and said, 'well, just let me tell you about this problem…what are you going to do about it chief?' I probably wouldn't have been kept in that position," he said.
“ 如果我去找我的上司，对他说，‘ 好吧，让我告诉你这个问题……你会怎么做呢，长官？’ ” 如果这样的话我可能不会被留在那个位置上，他说。
Kerlikowske said, "Regardless of the number of sexual assault complaints, any assault complaint made against a CBP employee is significant and must be investigated thoroughly and all support for the victim from counseling, to leave (if asked for), transfer (if seen as necessary or requested by the victim) and any additional requests for assistance should [be] granted."
克里考斯基说， “ 无论性侵犯的投诉案件是多是少，一切与CBP雇员相关的性侵犯指控都是至关重要的，必须进行彻底调查，并给予受害者全部支持，包括咨询、离职(如果要求)、调岗 (如果认为有必要或受害者要求) 以及任何额外的援助请求。”
In addition to speaking with Kerlikowske and Meehan, who spoke on McAleenan's behalf, Newsweek contacted but did not hear back from the following former CBP and Border Patrol officials for comment:
- Robert Bonner, who was the head of CBP from March 2003, when the agency was created as part of the DHS, until December 2005;
- Ralph Basham, who was CBP Commissioner from June 2006 to February 2009; and
- David Aguilar, who served as Border Patrol Chief from July 2004 to January 2010 and who later served as Deputy Commissioner of CBP.
- 罗伯特·邦纳 (Robert Bonner) 从2003年3月开始担任CBP局长，当时CBP是DHS的下属机构，直到2005年12月才被独立划分出来;
Gustavo de la Viña, who led the Border Patrol from 1997 until he retired in 2004, passed away in October 2009.
古斯塔沃·德拉维纳 ( Gustavo de la Vina ) 从1997年起担任边境巡逻局局长直至其2004年退休，并于2009年10月去世。
A spokesperson for today's CBP suggested Newsweek contact the U.S. Department of Justice Office of the Inspector General, given that the Department of Justice would have overseen the INS around the time the alleged incident was believed to have occurred.
The DOJ OIG did not respond to a request for comment from Newsweek, while a spokesperson for the DOJ did not provide an on-the-record statement. The DHS and ICE, which would have been involved in the investigation, did not respond to requests for comment.
Border Patrol today
Tomsheck's account comes at a time when the Border Patrol is facing significant scrutiny over its handling of accusations of sexism and sexual misconduct.
In July, then-senior agent Gus Zamora, 51, was indicted on charges of sexual assault and kidnapping in the alleged assault of a junior female agent.
Despite the seriousness of the charges, Zamora, who is married to one of the agency's most high-ranking and celebrated female agents, Gloria Chavez, was allowed to retire from the agency following the indictment, according to The New York Times.
据《纽约/时报》(the New York Times)报道，尽管所指控的事件性质十分恶劣，但萨莫拉在被起诉后还是被允许从该机构退休。另外，萨莫拉的爱人是该机构级别最高、最著名的女性特工之一格洛丽亚查韦斯(Gloria Chavez)。
Tomsheck said he was "not at all" surprised, however, telling Newsweek that he found the incident and the Border Patrol's response to be "entirely consistent with the pattern of sexual misconduct within the ranks of Border Patrol."
汤姆谢克说他对该结果 “ 一点也不惊讶 ” ，然而，他告诉《新闻周刊》，他发现这一事件和边境巡逻队的处理态度 “ 完全符合边境巡逻队的不当性行为模式 ”。
The agency has also faced widespread condemnation after social media groups were exposed in which current and former agents were caught sharing sexist and racist content.
In one social media group, known as the "I'm 10-15" Facebook group, which included as many as 9,500 current and former Border Patrol agents, members shared a range of sexist and racist posts. This included an illustration appearing to depict New York Rep. Alexandria Ocasio-Cortez, who has been an outspoken critic of the Trump administration's hardline immigration policies, engaged in oral sex with a detained migrant.
在一个名为 “ I'm 10-15 ” 的社交媒体群里，其中包括9500名现任和前任边境巡逻人员，成员们分享了一系列带有性别歧视和种族主义的帖子。其中一张插图似乎描绘的是纽约众议员亚历山德里亚·奥卡西奥-科尔特斯(Alexandria Ocasio-Cortez)与一名被拘留的移民发生口/交的画面，而且这位议员一直直言不讳地批评特朗普政府的强制移民政策。
The agency also has one of the lowest percentages of women on its force out of any federal law enforcement agency. According to a 2018 report from the Equal Employment Opportunity Commission, in fiscal year 2016, just 5 percent of the Border Patrol's employees were women.
该机构也是所有联邦执法机构中女性员工比例最低的机构之一。根据平等就业机会委员会(Equal Employment Opportunity Commission) 2018年的一份报告，在2016财年，边境巡逻队只有5%的雇员是女性。
The National Organization for Women has previously slammed the agency, questioning whether its lack of female workers might have something to do with allowing a "pervasive culture of sexism and racism" to fester.
美国全国妇女组织(National Organization for Women)此前曾对该机构发起猛烈抨击，质疑其女员工比例过低是否与其放任 “ 普遍存在的性别歧视和种族主义文化 ” 问题加剧的态度有关。
Kerlikowske said he was well aware of the concerns that have been raised about the internal culture of the Border Patrol agency.
Social media groups like the "I'm 10-15" Facebook group, he said, are "problematic." "I didn't know anything about that," he said. However, he noted that it was still unclear how many Border Patrol agents had actually posted or engaged with sexist and racist posts shared within the group.
他承认，像 “ 我是10-15岁 ” 这样的社交媒体群是 “ 有问题的 ” 。但是 “ 我对此一无所知，” 。然而，他指出，实际发帖或涉及在该组织内部分享有关性别歧视和种族主义帖的边境巡逻人员的人数目前还是个未知数。
However, he said he believed that those investigating instances of sexism, racism or sexual misconduct within the Border Patrol should "recommend disciplinary action for those postings...if they have the proof."
然而，他说，他认为那些参与边境巡逻队内部性别歧视、种族主义或性行为不端的调查人员在掌握证据的情况下，应该 “ 对这类发帖行为采取纪律处分……。”
Despite the recent scrutiny surrounding alleged misconduct within the Border Patrol, the former CBP chief said he believes the agency's leadership has taken significant steps over the years to ensure accountability.
In March 2012, the agency published its Employee Standards of Conduct, which seeks to make clear that sexual harassment and misconduct of any kind will not be tolerated.
Since then, CBP has also sought to set a higher standard for accountability and transparency with its annual Discipline Overview Report, which first saw findings for fiscal year 2015 published in May 2017.
The fiscal year 2015 report notes that agency staff had seen three arrests related to sexual misconduct that year. In each of the following fiscal years, 2016 and 2017, two arrests were made in connection with sexual misconduct allegations.
However, it is also important to note that each report also includes thousands of cases in which management determined disciplinary action was not warranted, including many allegations of misconduct that were deemed to be "unsubstantiated or unfounded," with the reports making no clear distinction on what kind of misconduct had been reported.
然而，同样重要的是要注意，每一份报告还包括管理层认为没有必要采取纪律行动的数千起案例，其中包括许多被认为 “ 缺乏证据或依据 ” 的不当行为指控，这类报告对所记录的不当行为没有明确区分。
In fiscal year 2016, the number of cases where management "determined disciplinary action was not warranted" totaled 3,828, while in fiscal year 2017, the number came to 3,806. As the CBP notes in its 2016-2017 report, "this equated to an aggregate decrease of 17 percent" from the 4,610 cases that management determined disciplinary action was not needed in fiscal year 2015.
在2016财年，管理层 “ 决定不采取纪律行动 ” 的案例总数为3828起，而在2017财年，这类事件增至3806起。正如CBP在其2016-2017年的报告中所指出的， “ 相较于2015财年由管理层认定的无须采取纪律行动的4610起案件减少了17%”。
In a statement addressing concerns around the culture within Border Patrol, previously sent to Newsweek, CBP spokesperson Jacqueline Wren maintained that all of the agency's employees are "expected to conduct themselves in a professional manner while on or off duty."
在之前发给《新闻周刊》的一份针对边境巡逻队内部文化的声明中，CBP发言人杰奎琳·雷恩坚称，该机构的所有员工 “ 在当值期间或之余都应该体现出专业素养 ”。
"CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe," she said, adding that today's CBP "takes every allegation of misconduct seriously and fully cooperates in the investigation of such allegations."
她说，“ CBP强调在其使命的方方面面都要坚守荣誉和诚信，并要求绝大多数员工和工作人员以卓越的服务于此项工作，并为之带来荣耀，做到为维护国家安全而不知疲倦地工作。” 他补充说，今天的CBP “ 认真对待每一项不当行为的指控，并全力配合对这些指控的调查。”
Updated: This article has been updated to reflect a source's request for anonymity.