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Judge gives Iraq War veteran 4 to 6 years in sex assault

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By LORI PILGER / Lincoln Journal Star

Thursday, Dec 04, 2008 - 06:17:16 pm CST

On one side of the courtroom, the victim sat flanked with a friend on each side and a police sergeant at her back.

On the other, 20 or so friends and family members filled the seats in support of a 24-year-old Iraq War veteran who went twice, but didn’t go back after the woman in the front row told police he sexually assaulted her at a party.

In the end, the support was not enough to keep Jacob Ford out of prison.

Story Photo
Jacob Ford

“I cannot ignore the serious nature of this crime,” said District Judge John Colborn.

Then Colborn gave Ford four to six years. So far, he’s served 51 days. In two years, Ford will be eligible for parole. In three years, if he hasn’t been paroled, he’ll be discharged.

Ford’s attorney, John Berry, had asked for probation for the young man who was fresh back from Iraq the night of Dec. 27, when he got together with friends for a night of drinking and celebrating leave.

The next morning, a woman at the party told police he went in a bedroom where she was sleeping or passed out. She woke up to find him having sex with her.

At trial, he said it was consensual. She said it wasn’t. The jury found him guilty.

At Ford’s sentencing Thursday, Berry said the Army specialist who took care of weapons was dealing with combat stress, severe fatigue and post traumatic stress disorder when he returned to Lincoln last Christmas.

He said Ford knew if a weapon jammed on a patrol “somebody’s probably going to die.”

“That’s not something you get over with a good night’s sleep,” he said.

Berry argued it led “a good soldier” to lose his moral compass, make a stupid decision to drink a lot and put himself in an even worse situation.

Unfortunately, he said, the military doesn’t have training for the type of “perfect storm” that Jacob Ford found himself in.

“He made a mistake. He knows it, and he’s going to be punished in many ways,” he said.

Berry said Ford would not be in trouble again.

“I want to apologize to (the victim),” Ford said, then apologized to his family and the Army for not fulfilling his obligation.

“I’m truly sorry for my actions,” he said.

Ford has been out of the National Guard since August.

Deputy County Attorney Matt Acton said it was not a popularity contest to see who could come up with more support. And the question before the court wasn’t if Ford was a good soldier or a good son. The jury found him guilty.

“The only question before the court is what is the punishment going to be,” he said.

Acton argued Ford just doesn’t get it. He said Ford put the blame on alcohol, but it wasn’t alcohol that sexually assaulted a woman that night.

“It was Mr. Ford,” he said.

Acton said the defendant and the victim both had been drinking that night, but it wasn’t a situation where they went to a back room and had sex. She was asleep or passed out in a bedroom after she had consensual sex with another man, he said.

“Mr. Ford needs to be made to realize you can’t have sex with someone who’s sleeping or passed out,” Acton said.

Reach Lori Pilger at 473-7237 or lpilger@journalstar.com.


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Tragedy wrote on December 4, 2008 5:52 pm:
" It is so honorable that Mr Ford has put his life on the line to keep America safe. However, we can not overlook the fact that he apparently committed a heinous crime. We can not allow his past honorable actions to overshadow the bad that he has been ruled of doing. I hope that Mr. Ford can get the help that he needs to get through the issues he has suffered from his tours in Iraq and that he understands the consequences of his actions afterward. And I hope the victim has learned to make more responsible decisions and not put herself in this vulnerable position again. "

 chomper wrote on December 4, 2008 8:06 pm:
" This is how it is. Some of these soldiers think i went to war and can come back and do anything they want even having non consentual sex. I watched a show the other night and it was the same thing. a soldier did a crime and alls he and his friends and himself could say was he just got back from iraq like it was okay. my father served in vietnam and never used that as an excuse to be above anyone. it is to bad this soldier thought serving in iraq would get him off of this crime. this girl was in a room asleep how is that considered a vulnerable position. this guy went into a room to violate her. so are all women sleeping in there own homes in a vulnerable position since there asleep when a intruder breaks in. come on people be real "

 Come on.... wrote on December 4, 2008 8:10 pm:
" Really.... I accept the fact the jury found him guilty and I do have all faith in the justice system. But being of the approximate age of FORD, I have all to much experience with situations like the one described above. I really hope that everyone else in the community realizes that these situations occur often and well, let me tell you... It IS NOT always the guys fault. Girls and Women ask for equality for everything else, but not when they are drunk and in the company of others in the same frame of mind, then they are the vitcum. Really, lets use our heads here... "

 Sarah wrote on December 4, 2008 9:28 pm:
" Wow no wonder some men think they can sexually assault people. Look at their defenders here. Read that last sentence by the DA. ".....you can't have sex with someone who's sleeping or passed out." How scary is it to think there are those who disapgree with that. I thought blaming the victim went out with the 1960's. I guess I was wrong. "

 Stop blaming the victim wrote on December 4, 2008 10:31 pm:
" I have to agree the Victim of the sexual assault is being blamed here. re-read this story!! He sexually assaulted her, she was asleep, and or passed out and could NOT give consent to have sex!
Its a sickness in our society to blame the victim of sexual assaults.
Remember this could have been your MOTHER, your SISTER,or your Aunt. Put these people in the place of the victim, would you say then that she was to blame??? "

 twill wrote on December 4, 2008 10:46 pm:
" I think when you go to a party, and drink so much that you pass out, then you are leaving yourself in a vulnerable position. I think poor choices were made by two men and a female that night. It is just kind of sad that only one of the three is paying the price. "

 Passed out before wrote on December 5, 2008 1:11 am:
" I've passed out plenty of times and been partying with people who've done the same. The most anyone should expect to have happen to their person while in this state, is a ferocious marker attack. Having phrases scrawled across your arms and face is one thing, but to wake up being raped is quite another.

A drunk, passed out person is to blame for their own missing socks or markered arm, but the rapist is wholly and completely to blame for a rape.

I can't even believe those of you who'd put this on her. "

 iraqvet wrote on December 5, 2008 4:37 am:
" As an Iraq vet, I am ashamed with the defense attorney's argument. Being familiar with Ford's duties in Iraq, the notion of PTSD driving his decision-making borders on frivolous. A person that spends their days in Iraq living on a base repairing weapons (that rarely need repair by the way) usually does not experience the "traumatic stress" that is associated with PTSD. Nonetheless, I think it is less the Soldier to blame for raising that argument and more his attorney or others that have gone before him. Contrary to Chomper's post, I do not believe Soldiers returning from Iraq and Afghanistan think they are entitled to break the law in exchange for their service. I just think some eager defense attorneys have made that argument in an attempt to reduce sentencing (as seen here). Please don't confuse litigation trends with the actual attitudes of servicemembers.

I also agree with the comments here decrying blame of the victim. I was not at this trial or even the party, but if the jury decided this act was not consensual, then the victim did not "ask for it." "

 One_white_whisker wrote on December 5, 2008 8:09 am:
" How sad that there are some people out there who can't seem to grasp that the young man ruined his own life, how dare people say things like "she ruined his life" or "she shouldn't have sex with whom ever she wants" She had every right to be at that party and every right to engage in sexual relations with whom ever she so chooses. He raped her, he ruined her life he imposed his body and needs on an unwilling person. Maybe those who are out there that still see fit to blame her ought to think about what they would do or how they would feel if that happened to their mother, sister or even child! So what if he was a soldier, so what if he is some great war veteran if he is mature and responsible enough to fight/die for his country, to wield arms and to go out and drink he ought to be responsible enough to know something we all learn in kindergarten Keep your hands and in this case body to yourselves.

I personally hope the young lady has a bunch of support and that she knows that the country isn't suffering a loss with him not fighting. Justifying rape with a call to arms? Honestly what has the world come to these days. "

 OMG wrote on December 5, 2008 9:14 am:
" People, the article and these posted responses to it make me seriously embarassed to be from Nebraska! When will you people get it? NO MEANS NO! A woman who is passed out for whatever reason is NOT A CONSENTING ADULT!! Rape is a foul a crime--one the victim doesn't "get over with a good night's sleep". Yet the headline commends the man as being a veteran. That doesn't make it okay for him to rape someone!! "

 get a clue wrote on December 5, 2008 10:23 am:
" Look at the facts and forget that Jake Ford is a war veteran; you have 2 very intoxicated people by their own admissions and 2 totally different recollections of what took place; a "She said, he said" situation. Most of these comments are based on the victim's recollection of what took place. What about Jake Ford's? It's understood a jury found him guilty, which is hard to understand; obviously they didn't take into account his recollection of what happened. So when there are 2 individuals who can't remember what exactly happened how can he be found guilty in the first place? "

 Just Awful wrote on December 5, 2008 11:37 am:
" I think what happened to this young woman is horrible and I am by no means blaming her. I know that NO MEANS NO. However, maybe she wasn't coherent enough to actually say no. The article clearly states that she was either sleeping OR passed out. If she was passed out, then she clearly was not in the right frame of mind. And if he was drunk, he clearly was not as well. So isn't it possible that he thought she was giving consent by something she may have mumbled or said? Especially given his state of mind at the time? I wasn't there and I don't know what happened, but I just think that this could easily have been a misunderstanding between the two obviously drunk parties. Anyone who's ever been around someone who is completely wasted can see how lines can easily get crossed. "

 EJ wrote on December 5, 2008 12:35 pm:
" This is crazy. The woman was not awake. It does not matter if she was drinking beforehand or not. Jacob Ford may have his own version of what happened that night but obviously the jury choose not to believe him. You cannot consent to sex when you are not awake!! "

 Juror number one wrote on December 5, 2008 1:09 pm:
" I believe most people posting here that believe the victim should be held accountable or question Mr. Ford’s guilt were not present at the party the night of 12/27/07 and early morning hours of 12/28. I am sure most were not in attendance during the trial that lasted eight days in October. Most did not hear the detailed testimonies of 22 separate witnesses brought to the stand. Most did not see the 56 articles of evidence entered as exhibits for jury deliberation. Most did not hear the taped phone recording with Mr. Ford’s own admissions of wrong doing or the video taped police interview where he contradicted himself on different points. I’m sure none of you were present during the nearly 5 hours of jury deliberation that concluded with 12 very well informed and conscientious jurors unanimously arriving at a guilty verdict. This is how the justice system works in our society. As one of those jurors, I am confident in our decision. "

 youve come a long way baby wrote on December 5, 2008 1:10 pm:
" Only 25 yrs. ago (as well as the 1960's)there is a very good chance this case would not have gone to court. The victim would have definitely been blamed. I'm glad to see the responses that things have changed. "

 GMP wrote on December 5, 2008 1:14 pm:
" Lets take the alchol out of the equation. If she were asleep/passed out at home, and a man came it and had sex with her, it would be seen by all as rape. Why should the fact of being somewhere else change this. Not being able to consent is the same as NOT consenting. I hope this poor girl can get past this and be fine with relationships in the future. It still comes back to haunt you every once in while, but hopefully, she will be able to shake it off when it happens and keep moving forward. A hug for her in support: (). "

 JOE wrote on December 5, 2008 2:14 pm:
" This is a sad story. The man is definetley to blame here. However, both parties are irresponsible for getting so drunk that they are passed out and incoherent. act like adults. don't drink if you can't control your alcohol. "

 to Juror number one wrote on December 5, 2008 3:28 pm:
" If anybody reads the commentary written in that post, there should be no more comments degrading the witness and so forth. Thank you, juror, for writing this. "

 TWP wrote on December 5, 2008 4:50 pm:
" I read the comments from Juror#1, and I do not disagree. A crime was committed. And no, to respond to other posters, I would not want it to happen to my mother, sister, aunt, cousin, brother-in-law's first wife's best friend, or a total stranger. But, I also wouldn't want any of those people to put themselves in a vulnerable position to be a crime victim. It sure sounds like that is what she did. I know a burglary victim that had left the door between their garage and house unlocked, and the thieves entered their home in that fashion. The police officer asked them to hold out their hands, and he literally slapped them. The officer scolded them for being so irresponsible! Was it right for them to be victimized? No! If I leave my car parked overnight in a bad (or any) part of town, unlocked, with a laptop computer sitting on the front seat; and it is gone the next morning, was I a victim? Yes, I was. Would anyone place part of the blame on me? I believe that is all the people are trying to say about this woman. When you behave irresponsibly, bad things (sometimes terribly unfortunate things) can, and do happen to you. They are both paying the consequences for their poor decisions. I hope this will be a valuable lesson to others, both women and men. "

 support wrote on December 5, 2008 5:21 pm:
" Weather its Nebraska Football or Armed combat for our country this is not a pass to take what you want from another. I would imagine if this man were sexually assaulted while he slept by another he would be outraged, his sense of pride, person and being would be threatened and there would be no "oh come on its a she said he said" claims. If a person is asleep, passed out, not awake, not agreeable, not of age, or says no they are not consenting, end of discussion. No amount of past good or honorable deeds erases the violation of another person. "

 Love Him wrote on December 6, 2008 1:49 am:
" I am the girlfriend of this man that you are all writing about. I sat thru the trial as well, I will always stand by his side and will believe in him till this is over, I wish that all the evidence could have been entered, because I saw all the behind scenes action that happened. Those of you who don't know him or know anything about this should sit down and get to know jake ford. He had over 100 character letters, and has so many people behind him that you will never know. This man is a good man and will get through this and then you will all see, and his PTSD is from his first trip to Iraq that he did, when the war first broke out and he killed women and children, so those of you informed know your facts before you speak. "

 student wrote on December 6, 2008 3:18 pm:
" I'm not saying I believe that what he did was the right thing but I still think she is somewhat accountable for her own actions. In my own experiences, if you are so drunk that you pass out, your recollection of the night should not be held in a high enough opinion to take away 5 years of a guy's life. Who's to say she was so drunk she doesn't remember giving him permission? Or she was so drunk she thought she was giving someone else permission? This just goes to show people do stupid things when they drink too much. "

 wrong verdict wrote on December 7, 2008 2:28 pm:
" One other little bit of information was that she was "so drunk" she could not tell him no but she was ok to drive and talk on her cell within 15 minutes? Sounds like she knew what she was doing until she over-heard the "guys" laughing at her for sleeping with 2 different guys on the same night. She sure got her revenge for the laughter by destroying one young mans life- how can she sleep at night knowing she was just as wrong as he was? "

 Brit wrote on December 8, 2008 7:30 pm:
" This whole thing breaks my heart! Im a friend of Jake and Ive also know all the information possibly about this case and I do not for a second think that all the blame should be place on him. They BOTH made a mistake that night. I do not believe rape is acceptable in any way shape or form! I know people who have actually been raped, and in this case I do not belive its rape. What happend was that this girl had sex with 2 people that night and instead of wanting to be called names and break off a relationship with a guy she decided it would be better to put the blame on someone else. Its not fair for Jake, and its not fair for all of you to be saying such horrible things bout a great man! "

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