SAN DIEGO (KGTV) — The mother of a 15-year-old girl is furious that no charges were filed against a sailor who had sex with her daughter after she ran away from home and was found on Naval Base San Diego.
“Their findings were that my daughter gave consent, sexual consent, and that they weren't going to go ahead and press charges on him,” said Juana in an interview with Team 10.
We are not using the woman’s last name to protect her daughter's identity.
An NCIS police report obtained by Team 10 through the federal Freedom of Information Act reveals the sailor was arrested for rape and sexual assault of a child in Aug. 2022.
Juana said she had never seen the report until Team 10 showed it to her during a recent interview.
The mother called us in 2023 asking for help. At the time, we requested information from NCIS, but we were told the agency couldn’t comment on an active investigation. Team 10 then filed the FOIA request, which the Navy initially denied last March.
“They made it seem like it was impossible to get a document, and we had to go through a lot of hoops,” Juana said.
The single mother cried as she spoke about the summer her daughter ran away from her home in Imperial Beach.
After reporting the 15-year-old missing to police, she learned the teen's phone had pinged on Naval Base San Diego, but she claimed a guard wouldn't let her past the gate.
“I have all the proof. They still won't let me, allow me in there, but then again, they'll allow a child underage with no ID to go into the military base. How does that work?” she asked.
Juana called the San Diego Police Department, and soon after, the Navy started a search for the missing teen.
The search ended when the sailor and Juana's daughter arrived at the base in the sailor's truck.
“They got her, and they pulled her out of the vehicle, and then they arrested the guy. Immediately, they put him in handcuffs,” Juana said.
Military age of consent is 16
The mother said a rape kit was performed on her daughter after the minor confirmed she had sex with the sailor.
The heavily redacted police report doesn't name the sailor, who was 21 at the time of the incident. It says the girl was missing for two days before being found.
Months after the arrest, Juana said a Navy prosecutor told her charges wouldn't be filed because her daughter had lied about her age, claiming she was 17, not 15.
"That really enraged me as a parent, and I got mad… and that's when I called you to get some type of help," she said.
Military defense attorney Cody Harnish said he wasn’t surprised prosecutors didn’t pursue a criminal case.
One complicating factor is that the age of consent in the military is 16. He said if Juana’s daughter hadn’t lied about her age, the sailor would have likely faced charges.
Minors allowed on base without ID
“In that case, it would have been even more clear-cut, and he could be found guilty of sexual assault of a minor," Harnish said.
The attorney believes better training is needed for service members working security at military entrances.
Right now, Navy policy only requires guests 16 and older to show ID if a guard asks for it. Children under 18 aren’t required to produce identification if they’re with a parent.
“They need to be more professional, and they need to actually make sure they're checking everyone coming in,” said Harnish.
The police report reveals the National City Police Department Sex Trafficking Task Force was brought in to work the case.
It states the minor was “pimped” out on Main Street near Naval Base San Diego on numerous occasions, according to prostitutes in the area. NCIS redacted the name of the pimp.
“What if they could have got my daughter for trafficking? What if they would have moved her to another state, and I was never going to see her again?” Juana said.
Juana wants the military to beef up its security at entrances and take measures to prevent other runaway teens from ever stepping foot on a base.
“I want exposure in this case, so it doesn't happen to other moms or other parents out there," she said.
Team 10 asked NCIS and the Navy for comment and didn’t get a response.
Team 10 Investigative Reporter Austin Grabish covers military investigations, the Medical Board of California and the U.S.–Mexico border. He can be reached at austin.grabish@10news.com
