Vernon Jack
Sexual Assault Against A Child
Alaskan Ferry Matanuska May 12, 2001
Vernon Jack
Event Date: May 12, 2001
Bruise: Arrested For Sexual Assault Of Child
Bruise Location: Off Alaska
Age: 29
Home Town: Idaho
Details:
Vernon Jack, 29, of Boise, Idaho, was indicted by a grand jury on two counts of felony sexual assault and four counts of misdemeanor assault.
The indictment stems from the alleged sexual assault of a 16-year-old girl on an Alaskan state ferry. The attack allegedly occurred on the Alaska Marine Highway ferry Matanuska traveling from Bellingham, Washington, to Ketchikan, Alaska while the vessel was in Canadian waters.
An off duty Alaska Trooper, who happened to be onboard, investigated the assault and arrested Jack to stand trial in Alaska
A Superior Court judge threw out the case in July when Jack's lawyers argued the state did not have jurisdiction to prosecute because the ferry was not in U.S. waters. The state is appealing the ruling.
Anchorage Republican Rep. Ken Meyer told the Senate Transportation Committee on Tuesday that the federal government could take on the case but generally does not prosecute offenses such as sexual assault.
"And the Canadian government has little interest in pursuing this because it is a state-owned ferry and an Alaskan victim," Meyer said.
Complicating matters, Jacks was extradited to Idaho on a different felony offense.
December 12, 2005 the issue was taken up again. The Supreme court looked at the issue of who had jurisdiction in the case, Supreme Court No. S-11051, State Of Alaska -V- Vernon. G. Jack. The court decision says:
"On May 12, 2001, the Alaska state ferry Matanuska was navigating the Inside Passage on a voyage from Bellingham, Washington, to Southeast Alaska.
According to the grand jury's indictment, while the Matanuska cruised through Canadian territorial waters, Vernon G. Jack, V, engaged in sexual contact and sexual
penetration with S.N.F. and physically assaulted her.
An Alaska State Trooper who happened to be aboard the Matanuska investigated Jack's conduct and arrested him.
The grand jury in Ketchikan charged Jack with one count of first degree sexual assault, one count of second degree sexual assault, and four counts of fourth degree assault for his misconduct aboard the Matanuska while it was in Canadian territorial waters.[1]
Jack moved to dismiss the indictment on jurisdictional grounds. The superior court granted his motion. On the State's petition for review, the court of appeals affirmed. We granted the State's petition for review."
AS 44.03.010:
The jurisdiction of the state extends to water offshore from the coast of the state as follows:
. . . .
(2) the high seas to the extent that jurisdiction is claimed by the United States of America, or to the extent recognized by the usages and customs of international law or by agreement to which the United States of America or the state is a party[.]
AS 44.03.030:
This chapter does not limit or restrict (1) the jurisdiction of the state over a person or subject inside or outside the state that is exercisable by reason of citizenship, residence, or another reason recognized by law[.][2]
