(Edited January 1, 2014. Since posting this, my site has been hacked three times. Comments on this post are now closed. The purpose of it being here is so Jason Boman’s name is out there where people can find out a version of what happened. I believe this to be the accurate version of what happened, but there are always more than one side to a story. Further searching on the ‘net will bring readers to a blog written by the defense attorney in this case. The defense attorney did his job, and earned the tens of thousands of dollars he was paid to represent Boman in this case. His post reflects this bias as well.
I hope this post provides people with information they would not have had otherwise. That the next batch of people who meet Boman can take this information and decide for themselves if they want to get to know him better.)
(Edited October 22, 2013. Since posting this, my site has been hacked twice. I’ve had this site up for almost seven years and I’ve never been hacked. While I cannot prove a connection, I don’t believe it is a coincidence. Go ahead. Hack away. I still won’t be silent.)
(Additionally, there a couple of comments waiting in moderation, I have not yet answered them or posted them because I do not have all the answers to the questions yet. The Kansas City Star has an article ready to run about this, but they have been focusing on the Daisy Coleman case – which, interestingly affects my town as well. I also hope to have some very good things to say about what has happened since this was originally posted in the next couple of weeks. Until then, thank you for your support and thank you for thinking about this so people can make better choices in the future.)
The United States Air Force has a Sexual Assault Prevention and Response Program.
Members of the Air Force attend sessions provided by this program. Of five members and former members of the Air Force I have spoken with, it is estimated there are sessions quarterly, at minimum.
Members of the Air Force are educated repeatedly about what defines sexual assault and what defines consent.
From the above linked site comes the following definition
For the purpose of this Directive and SAPR awareness training and education, the term “sexual assault” is defined as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (to include unwanted and inappropriate sexual contact), or attempts to commit these acts. (AFI 36-6001)
Followed by this definition
“Consent” is defined as words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the one accused use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent.
To sum up, in the words of the members of the Air Force I have spoken with
A DRUNK PERSON CAN NOT GIVE CONSENT
Read that again, please
This seems fairly easy to understand, right?
This seems like something that, say, a person educated through the Air Force Academy, a person who has earned the rank of Captain, a person who is entrusted with a multi billion dollar aircraft, should be able to understand.
This seems like a concept that Captain Jason Wayne Boman of Whiteman Air Force Base should understand.
(I am not posting his photograph here, because I have not requested permission to use his photo, however clicking his name will take you a photograph.)
On the night of April 27, 2012, Tabitha Phegley was out with friends. She was drunk and she was left at the bar by her friends. (Edited to add at 9pm CDT September 21, 2013: “Friends” who took her car keys and her purse.*)
She and Boman had been acquainted for a few years through mutual friends. He offered her a ride to his place where she could sleep, as she lived out of town at this time.
She chose to trust someone she had known for a long period of time and someone sworn to uphold certain codes. She believed she was making a better choice than walking alone at night or driving her car while she was drunk.
She woke to Boman with his hands on her. In her. Then having sex with her. (Edited to add at 9pm CDT September 21, 2013: She was sleeping in a guest room. When she woke, she tried to get him to stop.*)
She did not give consent.
Jason Boman had sex with Tabitha Phegley without her consent.
She reported it to the local police, she had the rape kit done. The rape kit was never processed because he admitted he had sex with her.
A number of people witnessed she was drunk.
Jason Boman had sex with Tabitha Phegley when she was drunk.
A drunk person can not give consent.
In graphic form:
In September 2012, the Air Force requested jurisdiction over the case from the Johnson County Missouri prosecutor. The county prosecutor gave them jurisdiction because according to the statutes of the state of Missouri, because Boman did not beat her, the maximum he could be charged with was sexual assault.
Yes, in the state of Missouri, the law will only call if rape if the target is physically abused beyond the sexual assault. (We are the state that has to claim Todd Akin and the “legitimate rape” comment. Apparently some of his reasoning was defined by Missouri Statute Law… My apologies… I said I would stick to the blunt facts … I digress…)
Boman was charged and a court martial scheduled. (Screen capture of JAG docket and charges below. This was taken September 13, 2013.) (If you can not see the photo below click here)
At 237am on September 14, 2013, Boman was found not guilty of “Rape using force” and not guilty of “Aggravated sexual assault on incapacitated person”.
The Air Force says that a drunk person can not give consent. Those instructions are crystal clear.
Therefore, my question is, why is Jason Boman free?
He had sex with Tabitha Phegley without her consent. A person who he had been educated could not give consent as she was drunk. Yet he was found not guilty by a jury of his military peers.
This is where my anger begins to fly.
Why is this man allowed to fly a multi billion dollar aircraft? Why is he continuing to have the prestige of wearing that pilot uniform? Why is he allowed to be free? Why doesn’t he have to register himself as a sex offender? Why isn’t he being dishonorably discharged from the United States Air Force? Why are our tax dollars paying his salary?
Why? Why was Jason Boman found not guilty when he had sex with Tabitha Phegley without her consent?
I want to know why the Air Force has chosen to ignore their Core Values of Integrity First, Service Before Self, and Excellence In All We Do. I want to know why Captain Jason Wayne Boman is free to do as he wants.
We have seen what he does when he does as he wants. He raped a non consenting woman.
If he got away with it once, the message to him is clear. Go ahead, do what you want, the Air Force will give you no consequences.
The message to us is clear as well. We can condone his actions with our silence or we can speak up. We can repost to every social media outlet we can find. We can send this information to our local media. We can contact our representatives. We can ask the leader of the 509th Bomb Wing Brigadier General Thomas A. Bussiere (contact form) why this man’s actions have been condoned.
We will not be silent, and we will not rest as long as those who have sworn to protect, choose to hurt us instead.
* These two details were added because some people asked questions. While these two details do not actually change the basic facts of a drunk person can not give consent, and when you look at the definitions of consent and sexual assault as outlined above, these two details continue to not change the basic facts, if adding these two facts helps someone to understand, then here they are.
A Drunk Person Cannot Give Consent | Geek Details
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Love you Dawn. Thanks for putting it nicely when I could not!
20 years ago in the state of Missouri I was raped. I was a freshman in college and I was drunk at a party. I looked around and realized that my friends had all partnered off. I remember being worried until I ran into S, a junior in my Poli Sci class. We sat next to each other and we would talk before class started. He walked me to my next class on a regular basis and we had even met up once at the library while doing some research. I thought he was solid, that he was a safe bet. I was wrong.
I reported the rape back first to my dorm mother, who reported it immediately to security and who in turn contacted the Dean of Students. He arrived on campus at 3 am and actually told me to take a nice, long shower then come out to speak with him, saying that it would “calm me down.” After doing what I was told I spoke with him, where he informed me that it would be best to just “drop the unfortunate incident”. He stated that sometimes “boys will be boys” and that sometimes athletes have lots of pent up energy, that they don’t know what to do with it and it comes out in improper ways. He then basically threatened my scholarship.
I contacted the police after he left. They informed me that I shouldn’t have taken a shower because I had just “ruined” their crime scene. (DNA wasn’t even mentioned back then. It was something discussed in the “big cities” but not something you heard much about in smaller towns.) They also informed me, even then, if he could be prosecuted that it would probably be assault, that he would probably be able to plead down to a simple misdemeanor charge and have it expunged within 2 years. They also informed me that they could charge me with a minor in possession if I wanted to pursue any further charges. As you can guess, I didn’t pursue. I’ve never quite forgiven myself for not fighting for what was right, even if it put me in jeopardy. What happened to me damaged me in so many different ways. I can’t trust like I once did and I always question everyone’s motives. I still dream about the knife and how it felt, to this very day.
20 years later and the state of Missouri hasn’t changed. Why am I not surprised? At least she was willing to fight, instead of remaining a coward and letting a rapist get away.
Drunk… And ASLEEP. In a separate room. And repeatedly begged for him to STOP.
@RemainsSilent, you are NOT a coward. You just told your story on a public blog. That takes strength and courage. The scare tactics that were used on you are still being used. I was threatened with charges immediately before testifying in court. The laws in Missouri haven’t changed much. I heard the same things.
Forgive yourself. It’s not your fault and it’s not your shame to bear.
And as for fighting, it’s never too late. It’s time to change this culture. You told your story. That makes you part of the movement already.
Stay strong. My heart is with you.
I’m so proud of you both! Stay strong and do whatever you can however you can and lean on God. You know this was not God’s choice for you IT WAS MAN’S. Pray for peace and guidance. If you have peace you can make the best choices as how to proceed. Lean on you family and friends….they are there for you.
Injustice is so painful, so infuriating, especially after so much has already been taken. I’m so glad Tabitha has such strong advocacy and support surrounding her. Stand strong.
Something doesn’t add up here. In today’s Air Force there is witch hunt for anything of sexual nature. If there was ANY just cause this guy would have been found guilty. So what are we not hearing? Was he drunk also? If she was so drunk, how do we know she is accurately remembering? Just sounds like there is accusation going on but he’s been tried in court (probably one where he was considered guilty until proven innocent) and you on this website are continuing the slander. If I were him and proven innocent, I’d lawyer up and sue that woman. And you all should not always side with the drunken female. Sounds like the real victim here was him, and it was proven in court.
The only thing that was proven in court was reasonable doubt by an attorney who makes his living defending military men accused of rape or sexual assault. Not guilty is not the same as innocent.
As an A-10 pilot, I assume you have also received the “drunk person can not give consent” talk – where is it unclear? He had sex with a woman who was drunk. Not okay.
Also. Because I am a jack ass and can’t help myself. Slander is spoken. Libel is written. He can sue me for libel but as the entire point here is using logic and not courtroom theatrics, by the Air Force definitions, Boman had sex with a drunk woman. Drunk woman can not give consent. Sex without consent is rape. Why is this difficult to understand? Libel? I don’t think so.
Now, if you are interested in having an actual conversation about this that will actually be productive, please continue to comment, if not, please refrain from further comments.
Well, you never answered any valid questions such as was he drunk, how can we trust the testimony of someone who was so seemingly incapacitated? Some people black out, remember incorrectly and try to fill in the blanks. I’m not taking sides here but I am trying to challenge the assertions that drunk people cannot give consent. So you have chosen you side. What if he were truly innocent? Sounds like he said, she said? What if she were embarrassed or regretted things and thought this was a way out. Sadly I have seen accusations in the military spin out of control only to be recanted after damage is done for the aforementioned reasons. Without having case knowledge I cannot say what happened and it is her word versus his. So a Court Martial was stood up and he was found not guilty at a time when he USAF would love nothing more than to add a stat to their war on sexual assault. I just don;t see how you can defame his character and take sides unless you were there. So here is my questions for you: If drunk people cannot give consent, at what point do we consider them drunk? The military has a pretty broad statement there but how do you define drunk? Curious and thanks for the info/discussion. Oh and I am truly sorry for any offense I may have given, I am just trying to understand things here.
I don’t know if he was drunk.
You raise an excellent point – what is the definition of drunk? I love that question … I don’t have an answer, but I think you make a great point and things just like that ARE points the Air Force needs to make clear. One answer would be “over the legal limit” – but that changes from state to state and would also require some pretty immediate BAC testing in order to determine “drunk”.
I was not there, I have only watched the legal proceedings over the last year. I don’t know of any woman who would go through a rape kit, police interviews, recounting all the details to multiple prosecutors/ lawyers/ doctors/ counselors/ jury etc if she wasn’t for real.
I would have to look at the USAF stats about guilty verdicts in Court Martials and also look at enlisted vs officers who are found guilty. I predict the USAF would happily use an enlisted person as a stat, but would value the millions of dollars invested in training a pilot over a single stat.
Thank you for asking actual questions. Especially since your point of view is so very different.
Thank you for the answer and willing to hear my point. For the record, I think that rape is a horrible crime deserving the utmost punishment. I have a close friend who still suffers today to a rape that occurred many years ago. I have also seen the other side of the spectrum : a friend who was accused, lost his career only to have his accuser recant but he still lost his career.
I came across this site looking for research for a paper I am doing on how to make the system better because I know there are problems with it as many on this site have expressed displeasure with.
I really think the military needs to hand this over to the civil system to get rid of any perception of bias…and a lot of it is perception as the military actually has a higher conviction rate than the society it operates in. You bring up an interesting topic of officer vs enlisted that I now am going to explore thanks to your post.
NOAC, even though you sound like victim blamer, I’d love to chat with you about details of this entire process because I think it would REALLY help your paper, which may (or may not) also help others. The admin has my contact information.
Whether or not he was drunk is irrelevant. Intoxication is not an excuse for committing any crime. Otherwise, any act committed under the influence of drugs and/or alcohol would not be punishable. “Sorry, I was drunk” does not excuse someone from being held responsible for killing three boys in an accident, nor does it excuse other illegal acts. While intoxication may be a contributing factor as to why bad things happen; intoxication is most definitely not an excuse for illegal behavior or choices.
Just my thoughts about the situation described.