Military service members devote their lives to protecting our country at home and overseas. They voluntarily take on the risk and the sacrifice inherent in military service. However, sexual assault should never be one of those inherent risks. And yet, there are news articles on an alarmingly frequent basis detailing the prevalence of military sexual assault and the inadequacy of the response by each of the branches of the service. Time and time again, military sexual assault survivors have their trust and dedication violated by the very institution that demands their loyalty.

Only in recent years have military leaders begun to acknowledge publicly the epidemic of sexual misconduct up and down the chain of command, and the inadequate policies in place for victims to report the abuse. For the individual survivor of military sexual assault, there is a path to seeking justice and holding the U.S. military accountable for the trauma they’ve suffered and the harm done to their careers.

Our Firm’s Current Civil Actions Against U.S. Military Organizations

As a national civil rights firm with an experienced team of sexual assault attorneys, Sanford Heisler Sharp McKnight is actively representing military sexual assault survivors in separate civil actions against the Army, Navy, Marine Corps, and Coast Guard. In each case, we seek to hold the U.S. military accountable for failing to protect our clients from a culture of sexual harassment and assault that has been well-known for decades. In some instances, the perpetrator was allowed to remain in his position even after the sexual abuse was reported up the chain of command.

In separate matters, we currently represent or have recently represented:

• More than 40 victims of a former Army doctor who faces criminal charges for sexually assaulting patients during physical examinations at Joint Base Lewis McChord in Tacoma, Washington
• Victims of a long-standing cover-up of sexual misconduct at the U.S. Coast Guard Academy in New London, Connecticut
• A 17-year-old Marine recruit who was sexually abused by her recruiter
• A civilian mariner of the U.S. Merchant Marines who was allegedly raped by the Captain of the Navy vessel USNS Carson City

A Strong Legal Advocate: Former Federal Prosecutor Christine Dunn

Our Sexual Violence, Title IX, and Victims’ Rights practice is led by Partner Christine Dunn, a former prosecutor in the Civil Rights Division of the U.S. Justice Department. Christine combines a compassionate, victim-centered approach with a fearlessness in holding powerful institutions like the military accountable for the sexual misconduct that occurs under their watch.

Christine has secured millions of dollars in civil damages for sexual assault and abuse survivors in claims holding private companies and public entities liable for failing to protect her clients from the harm they suffered. In 2023, Christine was named Sexual Violence Litigator of the Year by Lawyer Monthly after she successfully represented two U.S. Merchant Marine Academy cadets against a major shipping company after the cadets were sexually assaulted and sexually harassed while working aboard a commercial ship during their “Sea Year” program.

Legal Protections For Service Members

Since military branches are part of the federal government, the first step for a military sexual assault survivor is to file a Federal Tort Claims Act (FTCA) administrative complaint against the agency at fault. The FTCA is a federal statute that enables individuals to hold an agency of the U.S. government liable for torts committed by its personnel. Prior to filing the claim in federal court, the individual must first file an FTCA administrative complaint. The agency responsible for the wrongdoing then has at least six months to investigate the claim. Once the investigation is completed, the individual can file their case in federal court.

Historically, service members have not been afforded the same legal rights as civilian federal employees in bringing claims against the U.S. government. The imbalance stems from the 1950 case of Feres v. United States, in which the U.S. Supreme Court ruled that servicemembers are barred from bringing claims under the FTCA for all “injuries [that are] incident to service.”

In the decades since, Feres has been used to prevent service members from seeking civil relief for almost all tort claims, even those involving events outside the performance of their military duties. Most shockingly, Feres has been used by the military to immunize itself against legal claims from service members arising from sexual assault.

Advocates for change have long recognized the injustice of the “incident to service” provision. Many, including Supreme Court Justices, rightly wonder: “How can sexual assault be incident to service?”

With attention finally being brought to the military’s institutional failure to protect servicemembers from sexual misconduct, a recent decision by the Ninth Circuit Court of Appeals provides renewed hope that the Feres doctrine will be reformed.

The case before the Ninth Circuit was Spletstoser v. Hyten. It involved a former colonel who alleged that she was sexually assaulted by a general. When she tried to seek civil redress, the United States sought to dismiss her claims on the basis that the Feres doctrine barred her lawsuit. But in 2022 the Ninth Circuit ruled that the case should be allowed to proceed because sexual assault cannot be considered “incident to service.”

Reach Out for a Confidential Consultation Regarding Your Legal Claim

If you are the victim of military sexual misconduct, you have recourse to seek justice. Please complete our contact form to speak to Christine Dunn and her legal team. All consultations for civil sexual abuse claims are free and confidential.