Guideline D – Sexual Behavior

When Your Private Life Becomes a Public Security Risk

When it comes to security clearances, even your most personal choices can come under scrutiny. Under Guideline D – Sexual Behavior, the government evaluates whether your sexual conduct may reflect poor judgment, questionable reliability, or an increased risk of coercion or blackmail.

At National Security Law Firm, we fight for your career—and your privacy. If your clearance is at risk due to allegations of sexual misconduct or behavior deemed “deviant” or “untrustworthy,” we can help you build a powerful defense grounded in facts, law, and fairness.

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What Is Guideline D?

Guideline D – Sexual Behavior assesses whether your sexual conduct could impact your ability to protect classified information. The focus isn’t on morality—it’s on judgment, discretion, and vulnerability to coercion.

This guideline is often misunderstood. The government isn’t here to judge consensual sexual behavior. Instead, they are evaluating whether your actions pose a security risk, particularly if your conduct:

• Violates laws or policies

• Reflects a pattern of high-risk decision-making

• Could expose you to blackmail

• Demonstrates a lack of self-control or reliability

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What Types of Sexual Conduct Raise Red Flags?

While this guideline is highly fact-specific, the following situations have triggered Guideline D concerns in real cases:

🔻 Risky or Illegal Conduct:

• Hiring sex workers (even in places where it is legal)

• Possession or distribution of illegal pornography

• Sex with minors or non-consensual acts

• Criminal charges related to sexual misconduct

🕵️ Hidden Conduct That Could Lead to Blackmail:

• Affairs or secret relationships that might be exposed

• Engaging in online sexual activities under pseudonyms

• Leading a “double life” with undisclosed partners

• Using workplace computers for sexually explicit material

📉 Conduct Suggesting Poor Judgment:

• Repeated one-night stands or high-risk sexual activity

• Consensual but inappropriate workplace relationships

• Frequent use of dating or hookup apps during work travel

⚖️ Lifestyle Concerns:

• Participation in consensual non-monogamous, polyamorous, or BDSM relationships only raises concern if not disclosed or if it reflects instability, deception, or secrecy that could be exploited.

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Real-World Hypotheticals – Could This Be You?

• Scenario 1: A federal contractor was caught using a work computer to access adult websites. No criminal charges followed, but the employer reported it to the clearance office.

• Scenario 2: A defense employee failed to disclose an extramarital affair that later became public and led to blackmail threats.

• Scenario 3: A servicemember was investigated for involvement in a “swinger” group, which was fully consensual but undisclosed to their command.

• Scenario 4: An applicant’s past conviction for solicitation of prostitution triggered an SOR under Guideline D and Guideline J.

• Scenario 5: A clearance holder was found with illegal pornographic material during a routine audit—resulting in immediate suspension of clearance.

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How the Government Evaluates Guideline D

The adjudicator looks for:

• Criminal or policy violations

• Evidence of coercion, manipulation, or potential for blackmail

• Patterns of compulsive, high-risk, or deceptive behavior

• Failure to disclose relevant conduct or relationships

• Conduct occurring in the workplace or using government resources

Importantly, adjudicators apply the “whole-person concept”—meaning past behavior may be mitigated by current stability, honesty, and rehabilitation.

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Mitigating Factors That Can Save Your Clearance

Just because an issue is raised doesn’t mean your clearance is lost. Common mitigating factors include:

✅ The behavior was consensual, legal, and occurred in private
✅ The behavior was not recent and is unlikely to recur
✅ You have shown a track record of reliability and discretion
✅ The issue was disclosed voluntarily, not discovered during investigation
✅ You sought treatment or counseling for any compulsive behaviors
✅ You are not at risk of blackmail, coercion, or exploitation

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How National Security Law Firm Can Help

Guideline D issues can feel deeply personal and highly embarrassing. You need a legal team that approaches your case with discretion, respect, and strength. We’re here to protect your career—and your dignity.

We help clients by:

✅ Drafting powerful SOR responses grounded in mitigating evidence
✅ Coaching clients on how to explain sensitive conduct clearly and effectively
✅ Representing clients at DOHA hearings and agency interviews
✅ Guiding clients through voluntary disclosures and self-reporting
✅ Connecting clients with therapists, support groups, or treatment when appropriate
✅ Ensuring adjudicators focus on the facts, not the stigma

With NSLF in your corner, you don’t have to face your most personal security challenge alone.

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Flat Fee Security Clearance Pricing

• SF-86 Review: $950

• LOI Response: $3,500

• SOR Response: $5,000 (includes $3,000 LOI credit)

• DOHA Hearing: $7,500 (includes travel)

💳 Flexible payment plans available
Apply for 3 to 24 month installment financing with Affirm »

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FAQ – Sexual Behavior & Security Clearances

Will being LGBTQ+ affect my clearance?
No. Sexual orientation has no bearing on clearance eligibility. However, any attempt to hide sexual orientation that could result in coercion or blackmail might raise a concern.

Is consensual non-monogamy or BDSM a problem?
Only if the conduct is secretive, deceptive, illegal, or reflects poor judgment. We can help frame your lifestyle choices in a legally defensible way.

Do I have to disclose past sexual behavior?
Only if it’s asked, or if the behavior poses a legal, blackmail, or judgment issue. Honesty and strategic framing are key.

What if I was charged with a sexual offense but not convicted?
You still need to disclose it. The government may still consider the underlying conduct. We will help you present it with context and mitigation.

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🔍 Want the Full Playbook?

Don’t leave your clearance to chance. Click here to visit our Security Clearance Strategy Center — your go-to resource for:

• Proven strategies to win your case
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• Answers to “What if I already got denied?”

👉 You’ve got questions. We’ve got insider answers.

🛡️ Why Choose NSLF?

At National Security Law Firm, we’re not your average clearance attorneys—we’re the elite unit for national security representation:

• Every case is reviewed by our internal attorney board
• Staffed by former DOHA attorneys, Security Threat Assessment experts, and military lawyers
• Located in Washington, D.C. — where clearance decisions are made
• We’re insiders who’ve worked behind the curtain—now we fight for you
• Founded by and staffed with disabled veterans
• One of the fastest-growing national security law firms in the U.S.

💵 Transparent, Flat-Fee Pricing

No surprise bills. No hourly rates. Just mission-focused pricing.

• SF-86 Review: $950 flat fee
• Letter of Interrogatory (LOI) Response: $3,500 flat fee
  This covers everything you need to respond and start defending your clearance.
• Statement of Reasons (SOR): $5,000 flat fee
  Already paid for your LOI response? You’ll get a $3,000 credit applied here.
• Hearing Representation: $7,500 flat fee (includes all travel)
  One fee covers it all—prep, travel, hearing. No hidden costs.

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• No credit impact for checking eligibility
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• Keep your cash flow. Get the legal help now.

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