The fifth man exonerated in the run-up to the Kavanaugh clash was Keith Barry.
IN JANUARY 2013, while much of the nation shivered, the weather in Coronado, Calif., was the kind that makes Southern California famous: fair skies and temperatures that hit the 70s by midafternoon. After another week of sexual text banter, Barry's accuser, CW, arrived in the island city on Friday, Jan. 11, to spend the weekend with Barry.
As they sat in a wine bar, CW smiled and asked Barry, “Where is this going?”
“Where is what going?” Barry said.
“This. Us.”
“It’s not going anywhere,” he said. It was the discussion they’d had before. Barry explained he wasn’t ready for a committed relationship.
Here, their stories diverge. According to Barry’s May 2013 statement to investigators, CW then asked him if he would be open to experimentation, along the lines of sexual activities described in Fifty Shades of Grey, the 2011 “bondage and discipline” novel that had suburban moms reading porn. Barry says he said yes. CW would later deny that such a conversation ever took place.
CW said throughout the weekend Barry was “distant” toward her, and even insulting. Barry says the distance developed between them after he told her a second time that he wasn’t interested in a serious relationship. The “insults,” he says, were a continuation of the banter they’d engaged in since they met.
According to the record of trial, the two engaged in sex numerous times during the weekend. On their last day together, Barry enacted what he claims was CW’s suggested “experimentation.” At trial, CW conceded that throughout this time, Barry obtained her specific verbal permission at least four times. At one point, CW said something like, “This is just like Fifty Shades!”
Then came two minutes that would alter the trajectory of Barry’s life. He performed on CW an act they’d never tried together. At the commencement of that act, both parties agree, CW said, “No, no, no, please go slow.” Both parties say Barry complied.
However, their interpretations of the entire episode were very different. Barry interpreted CW’s words, “please go slow,” as consent. CW later testified she uttered those words only because she knew Barry wouldn’t stop.
This may be true. However, attorney Neal Puckett, a former Marine Corps trial judge, says differing views of events are a common theme in rape cases in which one party claims the encounter was consensual while the other claims it wasn’t: “It’s like one person is held responsible for not being able to read the other’s mind.”
CW conceded she did not yell or scream, “No, no, no.” Nor did she raise her voice or struggle. Instead, she finished by saying, “Please go slow.” Barry thought she meant it.
Afterward, CW showered. Then she tried to kiss him, but he had once again turned cool. Later that morning, CW asked Barry whether she would see him the following weekend. He said no, he had plans to go climbing with friends. Hurt, CW climbed into her car and drove home. On the way, she sent her cousin a chirpy text full of exclamation points about her most recent adventure in bed.
The next day, CW told her cousin the whole story. When the cousin learned CW had said to Barry, “No, no, no,” the cousin said, “So he raped you.” A week later, CW accused Barry of rape.
DURING THE OBAMA ADMINISTRATION, Congress instituted a crackdown on sexual assault in the military. U.S. Sen. Kirsten Gillibrand, a New York Democrat now running for president, led the charge. In May 2013, at the exact moment Keith Barry was fighting accusations of rape, media outlets hyped a Pentagon report that showed an increase in service members reporting sexual abuse. That was a good thing. The military had new programs emphasizing victim support and discouraging reprisals against service members who reported sexual crimes.
However, another section of the Pentagon report received little notice: It showed false allegations rising at an even faster pace than reports of rape and sexual assault overall. During this period, the Pentagon faced congressional pressure not just to investigate more thoroughly alleged assaults, but to prosecute more service members who had been accused. That’s how Barry, in the heat of a highly sexual relationship, found himself accused of performing a single act that CW alleged was against her will.
At trial, Barry’s attorney noted that CW didn’t act like a victim of sexual violence. Right after the alleged rape, she asked to see Barry the following weekend. In a videotaped statement to investigators, she gushed like a slumber-party teenager about her time in bed with Barry. The attorney also pointed out CW’s chirpy post-coital text to her cousin, and that CW only decided she’d been raped after her cousin suggested it.
The prosecution, meanwhile, built a methodical case against Barry, calling witness after witness, all of whom repeated what CW had told them. Their cumulative testimony became the only side of the story the trial judge heard. Barry’s attorney was so confident the judge, Capt. Beth Payton-O’Brien, would rule in favor of his client that he didn’t see the need to put Barry on the witness stand to defend himself.
At the end of a three-day court-martial, Payton-O’Brien found Barry guilty of rape. After 19 years of service, the Navy busted him down from senior chief to seaman. Days later, on Halloween 2014, the gates of the Naval Consolidated Brig—the military prison at Marine Corps Air Station Miramar in San Diego—slammed shut behind him.
Comments
Tpm A
Posted: Mon, 03/18/2019 07:00 pmThank you for this well-thought out, well-articulated article. It is ludicrous to think that women would never lie. I, too listened to the Kavanaugh hearings with my husband. Thankfully, my husband has not been accused of sexual harassment or rape, but, while holding positions of power, women have publicly accused him of things I factually know he did not do. It makes me very angry to see this injustice, it seems that 'Lady Justice' is not blindfolded.
SAWGUNNER
Posted: Sun, 03/24/2019 05:01 pmThe distressing thing to me is how the "convening authority" listened to the advice of other Navy JAG. That the officer in charge didn't want to have a "target painted on his back" or jeopardize his own careeer progression should have been IRRELEVANT. Even if over-turning the conviction would have put the USNavy in a "bad light" if the facts supported acquittal and the convening authority failed to declare this man NOT GUILTY if reflects poorly on him. Bad leadership is seen and observed by many onlookers.
Brendan Bossard
Posted: Mon, 03/18/2019 09:05 pmSome thoughts:
* SOCS Barry (experts please advise if I used the wrong abbreviation) has learned his lesson. We would dishonor him if we do not now use his example to teach our sons the dangers of the adultress before they experience her.
* In light of the above, I am particularly peeved at what seems to be a pattern of accepting hormone-driven behavior until it becomes embarrassing to the organization--especially when this happens in Christ's body, as has been recently documented. And God forbid that I ever accept this type of behavior in myself or my son. May he learn through my example to treat women as Christ treats the Church.
* The U.S. Government owes SOCS Barry and all those who have wrongfully suffered punishment full compensation for lost time and treasure.
* Anyone who is proven beyond a reasonable doubt to have deliberately and falsely accused another of rape, or any other crime, should be subject to the same penalties that the accused would have suffered if found guilty. At the very least, these should be held liable to repay damages to the falsely accused.
SAWGUNNER
Posted: Sun, 03/24/2019 05:07 pmI was a quite naive enlisted student at the joint services Defense Language Institute in Monterey California. Young girls-- often barely out of high school and experiencing their first time away from being under Mom and Dad's roof-- were easy pickings for higher ranking older men. Routinely these gals would get pregnant and many lept at the chance to be chaptered out of the military. I always told young folks to shy away from any off duty romantic involvement with other enlistees. But it is to me quite apparent that the woman "CW" was hoping to snag a man. In this case a near retirement aged man. Even if they never married she could likely counted on sympathetic judge to award her part of Barry's retirement as his ex wife. A child born to her would have increased her net take home pay.
Midwest preacher
Posted: Tue, 03/19/2019 06:35 amAs our society becomes more easy with easy sex we are going to have more and more of these stories. One point that maybe should be made is that a person might be accused of something horrible precisey because they try to live in an honorable way. That's what happened to Joeseph and maybe to Kavahaugh.
phillipW
Posted: Tue, 03/19/2019 10:04 amI believe there is a lesson in every story. And the lesson for me is, do not engage in sexual relations with anyone, ever. I'm on my 2nd marriage, and if you think I am kidding, just Google, "wife accuses husband of rape."
Abstinence is the only way to prevent these sorts of things from happening.
BosLarJazz
Posted: Tue, 03/19/2019 07:45 pmSenior Chief Barry has endured a great deal between suffering traumatic brain injury while serving his country honorably and then having the very branch of the service he gave so much to, turn on him and send him to prison because it was politically expedient rather than do what was right. Nonetheless, he engaged in risk taking through causal sexual relationships and it cost him so much more than he ever imagined. Isn't that the way sin is. There are various sayings to the effect that, "Sin promises more than it will ever give, costs us more than we are willing to pay, holds us captive longer than we ever wanted, and takes us further down than we could ever imagine." He has lived this. I hope he finds his footing, and more than that he finds Christ in the process.
Ann Marshall
Posted: Thu, 03/21/2019 03:37 pmProof, if further proof is needed, of the inadequacy of law to guard a relationship the Lord intended would only exist in the context of love, grace, and covenant.
JennyBeth
Posted: Thu, 03/21/2019 04:03 pmThe prevalence of both the casual sex culture and the MeToo/"believe the woman" movement has led to a paradox I summarize as "Schrödinger's hookup": If a man and a woman go to a party and hook up, until the woman gets over her hangover the next day and decides whether she liked it or not, the man is simultaneously both a rapist and innocent. Men are expected not only to read a woman's mind, but to anticipate what her mind will be in the future. Far from protecting women's bodily integrity, these feminist currents are making the term "rape" nearly meaningless.
kachuma
Posted: Sat, 03/23/2019 10:33 amThis is just a sad story all the way around without much light of Biblical instruction or hope. Why was such explicit detail of Mr Barry's sexually distorted actions needed in the artcle? I really did not need to read or think on all of that. I am not sure why this article appeared in WORLD let alone was featured on the front cover. Legally there is a frustration and I get that, but Mr Barry is not a sympathetic character in this story. HIs punishment was harsh and proper legally, but he was not a gentleman or a protector in the way he used this relationship for his own desires without regard for the well being and purity of the woman he used. Presently, I am embarrassed for all the family I got subscriptions for this year and contacted each of them to warn them about this article.
LUTHIERSGIRL
Posted: Sun, 03/24/2019 11:15 amKachuma, I too agree with you. I can tell a story to a group of people. (Good pastors do this all the time.) I can convey the story without "graphic detail" or with "graphic detail". The problem with "graphic detail" is, it (the "graphic detail") becomes the center of the story, not the "deeper meaning" that the narrative is meant to convey. We don't need to be specific with the sin, we just need to say "they sinned"!
I would also add that this man, needs to find JESUS! The author and perfector of our faith is able to lead us and guide us. Moving to Mexico is not the answer, running from his problem is not the answer. Repentance and running to God is the answer. Psalm 46;1 God is our refuge and strength and a very present help in trouble. Allowing God to shape and form your thoughts, both inwardly and outwardly is your only hope for salvation. May God save this man's soul, and may he come to know the mercy, grace and forgiveness that is only found in Jesus.
HRKendall
Posted: Tue, 03/26/2019 06:32 pmI completely agree with this. I was very troubled by the explicit details of this story regarding the sexual encounters and wonder that World thought this was appropriate for our family coffee tables. I understand the point of the article but find it hard to sympathize with this man who suffered because of poor judgment. Comparing him to a Biblical Joseph was not fair.
DJ
Posted: Mon, 04/01/2019 04:28 pmThank you for your comment. We too questioned why this article appeared in WORLD. By the title and front page presentation of this article we made the assumption that we would be reading about a brother in Christ who was falsely accused and imprisoned, yet continued to live out his faith in the midst of this horrible situation. Wow, were we wrong!!! We are deeply disappointed in the fact that this article passed the vetting process for publication in WORLD. The details were unnecessary and frankly inappropriate. We were waiting for the paragraph to come that cleared up what we were reading in a God honoring way with a God honoring ending. It never came! We are deeply disappointed in WORLD.
Xion
Posted: Sun, 03/24/2019 12:54 pmAlan Dershowitz just posted an article on this subject in the WSJ called "I Want To Be Investigated by the FBI". The reason he gives is that it is the only sure way (he thinks) to clear his name from the numerous false accusations by women against him. He has provided incontrovertible evidence such that courts have accepted and dismissed the cases, yet the court of public opinion will never relent. People believe where there is smoke, there is fire, even if it is proved to have been arson.
SAWGUNNER
Posted: Sun, 03/24/2019 04:51 pmI read the many brilliant comments below. I am both deeply sad for and profoundly disappointed in this man. Yes, he was wronged. Yes he was naive.
My first four years of active military service gave me a front row seat at various "tech school romances". I saw and heard a great deal and I regret I was the bystander who failed to "get involved". This man was a year away from retiring with full benefits. And he tossed all that out for momentary gratification. One thinks of Esau in his hunger for his brother's stew and all he forfeited. This man trained for and became skilled at infiltrating and "exfiltrating" from all manner of deadly violent situations. That willingness to attempt and do what others barely can even dream of has and deserves my full respect. And yet I recall a line from an old "sword and sandals" Biblical epic about Samson.
The mighty fighter for Israel--humiliated, chained like an animal, shorn of his hair and blinded by his mocking captors-- is finally paraded out before the triumphant, gloating Philistine assembled spectators: "Behold now their mighty champion! Conquered not by the force of arms but rather by the softness of them!"
SAWGUNNER
Posted: Sun, 03/24/2019 04:56 pmI think withholding any prescribed medication for anyone is beyond the pale. For that someone needs to be held accountable.
MM
Posted: Tue, 03/26/2019 09:29 amWOW. Lost in the "graphic details" was the statement that you are a child sexual assault survivor! My wife was sexually assaulted at the age of 11 by a serving member of the United States military in the 1960's. As was common in those times, her parents and siblings dismissed the allegations.
Lawyer Bryan Smith who represents child sexual assault victims, refers to what you and my wife experienced as "wrongful death" because the effects are life long. Maybe that is why Levitical Law calls for the death penalty for committing rape in the presence of two witnesses.
The perpetrator … has never been charged for his crimes. While a part of me craves for "justice", a larger part of me wants my wife to receive the psychiatric treatment she deserves and is not receiving. She was diagnosed with PTSD in 2017 and received some pretty scary treatment (EMDR) which has reduced her to a vegetable at times. Maybe you can follow-up with the scarcity and paucity of adequate medical treatments and what is needed.
I commend your courage in writing this article knowing what you went through and "get" what you are trying to accomplish, notwithstanding the "graphic details." Best of God's blessings on your "healing" from these wounds. Look forward to reading much more from you in the future.
[The moderator has edited this comment.]
Anne1
Posted: Fri, 03/29/2019 02:06 pmI also commend Ms. Vincent on her article. It was extremely even-handed, as possibly only someone with her experiences could achieve. As a survivor myself, and a fairly conservative Christian, conservative Christian articles criticizing the #metoo movement and lamenting the danger our young men are in from false accusations generally infuriate me because they are so one-sided and seem to forget the real abuse many women still receive at the hands of men. This article had me sympathizing with those on both sides of these issues. Thank you!
I also must say I don’t understand the comments (not Mr. Duggar’s) criticizing the explicit material. This article contains nothing explicit. I haven’t gone back to double-check, but I can’t recall the author naming a single sexual act or body part by name. The author wants us to understand the nature of the relationship so we can understand how and what the legal mistakes actually were.
Finally, (again not directed toward Mr. Duggar) the fact that the accused was no altar boy has no bearing on whether or not this should have happened to him. That’s why we portray justice with a blindfold...he deserves justice by virtue of being human, not by virtue of being good. (Just like the rest of us.) Ms. Vincent was not comparing him to Joseph. She very plainly stated that Joseph was (simply) the first example of a false rape accusation of which we have a historical record.
Thank you, Ms. Vincent for a superb article.
DL
Posted: Tue, 03/26/2019 11:21 amWe, too, felt that the salacious details of the sexual encounters were completely unnecessary and inappropriate to include in this article for a magazine like World. Though Barry's treatment was unjust, he is not a man that should be featured on the cover of your magazine. As a long-time subscriber, I would like to think that your magazine would be a safe one to leave around the house for younger family members to read.
Soapbxn
Posted: Mon, 04/08/2019 09:46 pmI agree with both JennyBeth and Kachuma. These deluded feminists are so cognitively inconsistent it would be laughable if it were not so serious. They use the ‘rape’ cry as a tool for revenge, deluting the urgency of something very critical. They do no one any justice, particularly themselves. I found both Barry and CW to both be narcissistic then add in Barry’s brain trauma injury and CW’s nymphomania and together they were a recipe for disaster even without the false rape charge. Their story was a bit on the sordid side. I would have preferred a different example of this important topic.
Tabitha
Posted: Thu, 06/11/2020 11:49 pmThank you Lynn, you shared your frank story without bitterness or blame, not an easy thing. My sympathies are with Barry, who was honest with CW and respectful. His treatment is a travesty of justice and I pray for his restoration. There are no salacious details in this report - how can this story be told without some sexual references? Only the title "Fifty Shades" was used. To this 76-year- old Christian woman, World Magazine is the best reporting anywhere!