Tucked within recent federal reports exposing a culture of freewheeling sex and drugs at a Lakewood division of the U.S. Interior Department is the description of an encounter that went beyond ethical misconduct: a possible rape.
But it is unclear whether government investigators who were focused on corruption issues even recognized it as an alleged sex assault. Or whether they asked local authorities, who typically have jurisdiction over such crimes, to investigate the circumstances.
The passage, contained near the end of an Aug. 7 inspector general report, describes Gregory Smith, former director of Interior’s Royalty in Kind program, allegedly forcing an employee’s “head into his lap” after she said no.
The woman, who was not identified, told federal investigators that she performed oral sex on him while riding in his car because she felt “scared” that her job would be affected. She said the incident took place “between two businesses” but did not disclose a city.
Smith was among the figures targeted in an inspector general probe that uncovered improper ties between his office and oil companies it regulates. Federal investigators said Smith also helped create an environment of “substance abuse and promiscuity” by using illegal drugs and having sex with subordinates.
Overall, 19 employees within the Minerals Management Service division were implicated.
Inspector general officials, who were unavailable for comment Friday and Saturday, did not describe the car encounter in their published report as a possible sex assault. Spokesmen for Jefferson County and Lakewood authorities said they were unaware of any sex-assault case being forwarded to them as a result of the recent scandal.
“Mr. Smith denies these false and unfortunate allegations and has no further comment at this time,” his attorney, Stephen Peters, said Saturday. Under a deal with the U.S. government, Peters said, federal officials promised Smith would not be charged with “any wrongdoing.”
But Randall Luthi, the Interior Department boss who now oversees Smith’s office, said Friday he was disturbed by the passage and wondered whether local officials were reviewing it.
“I would think someone in the DA’s office might be interested in that,” said Luthi, director of the Minerals Management Service. Luthi visited with MMS employees on Friday to try to rally their spirits and to explain that management is taking steps to improve ethics training.
National legal advocates for sex-assault victims say federal officials have a responsibility to refer the woman’s account to local authorities or any agency that has jurisdiction.
“They should absolutely turn over this case,” said Wendy Murphy, a professor at the New England School of Law and an attorney for sex-assault victims. “There’s no question that her statement, if believed by a jury, proves that a rape or sex assault occurred.”
The woman’s account, Murphy said, precisely fits the definition of rape, because of the presence of force and her lack of consent. Additionally, Smith’s role as the woman’s supervisor introduces another “power differential” to the episode, she said. Colorado’s sex-assault statute recognizes “disciplinary authority over a victim” as a form of force.
It’s not unusual for federal investigators who specialize in one area of the law to miss a crime falling under another specialty, Murphy said.
“Even if a federal official isn’t completely up to speed on state law, they would know that the fact pattern requires scrutiny by another law specialist.”
Miles Moffeit: 303-954-1415 or mmoffeit@denverpost.com
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