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The U.S. Department of Justice (DOJ) has agreed to a historic settlement with a former student of the U.S. Merchant Marine Academy who was sexually assaulted—a decision that marks a critical turning point in holding military institutions accountable for sexual violence. This case is the first of its kind in which a victim of sexual assault at a federal service academy has successfully recovered damages under the Federal Tort Claims Act (FTCA).
For decades, military sexual assault survivors have been denied civil recourse due to a controversial legal doctrine known as the Feres Doctrine, which has historically shielded the military from liability. This settlement challenges that precedent, reinforcing the argument that sexual assault is not “incident to service” and should not be covered under the Feres bar. As cases like this move forward, they pave the way for future legal victories and justice for servicemembers who have long been silenced.
The Pervasiveness of Military Sexual Assault
Sexual violence within the military is a widespread and escalating crisis. According to U.S. Department of Defense annual reports, in 2023, the department estimated that approximately 29,061 active duty servicemembers experienced sexual assault.
Despite the prevalence of military sexual assault, survivors have historically faced significant legal obstacles in seeking justice. Unlike civilians, who can sue the government for negligence under the FTCA when assaulted by a government employee, servicemembers have been denied that right due to the Feres Doctrine. This legal principle has long been used to block military sexual assault lawsuits, effectively preventing survivors from holding the government accountable.
The Feres Doctrine: A Barrier to Justice
Established in Feres v. United States (1950), the Feres Doctrine bars servicemembers from suing the government for injuries “incident to service.” Over the decades, this ruling has been broadly interpreted, blocking nearly all military-related tort claims—including those stemming from sexual violence. The question that has persisted for years is: How can sexual assault be considered incident to service?
Survivors, advocates, and even Supreme Court justices have challenged this reasoning. For far too long, military leadership has been able to sidestep accountability, leaving survivors with limited options for redress. But the tides are beginning to shift.
Legal Challenges to Feres: A Path Toward Accountability
The 2022 Spletstoser v. Hyten ruling by the Ninth Circuit Court of Appeals provided a significant breakthrough for military sexual assault survivors. The case involved a former colonel who accused a general of rape. When she sought civil redress, the government attempted to dismiss her case under the Feres Doctrine. However, the Ninth Circuit ruled that sexual assault cannot be considered “incident to service,” allowing the lawsuit to proceed.
This landmark ruling, combined with the Merchant Marine Academy settlement, represents a growing legal consensus that sexual violence should not fall under the protections of the Feres Doctrine. These cases provide a blueprint for future litigation, opening the door for more survivors to seek justice through the courts.
Why This Case Matters
The DOJ’s settlement with the former Merchant Marine Academy student is a groundbreaking victory for military sexual assault survivors. This case sets an essential precedent in the ongoing battle to hold the military accountable for systemic sexual violence. It signals that the government can no longer use legal loopholes to evade responsibility.
Key takeaways from this settlement include:
- Recognition of Survivors’ Rights: For the first time, a sexual assault survivor from a federal service academy has been compensated under the FTCA.
- A Challenge to the Feres Doctrine: This case adds to a growing body of legal challenges that argue sexual assault is not part of military service.
- A Precedent for Future Cases: Survivors in similar situations may now have a clearer legal pathway to justice.
The Road Ahead: Strengthening Legal Protections for Survivors
While this case is a victory, significant work remains to dismantle the systemic barriers that prevent military sexual assault survivors from obtaining justice. Congress has made some efforts in recent years, such as the 2021 National Defense Authorization Act, which shifted the prosecution of sexual assault cases out of the chain of command. However, legislative and judicial actions must go further.
To continue the momentum:
- Congress must act: Lawmakers should pass legislation that explicitly exempts sexual assault cases from the Feres Doctrine.
- More survivors must come forward: This case shows that legal success is possible, which may encourage others to seek justice.
- Public awareness and advocacy are crucial: Continued pressure on policymakers and military leaders is needed to implement reforms that prioritize survivor rights.
Conclusion
The DOJ’s historic settlement with a former Merchant Marine Academy student represents a monumental step forward in the fight for military sexual assault survivors’ rights. While the Feres Doctrine has long been a roadblock to justice, this case—and others like it—signal that its grip may finally be weakening.
Survivors deserve justice. And with each legal victory, the message becomes clearer: Sexual violence in the military is not an acceptable risk of service—it is a violation of human rights that demands accountability.
If you or someone you know has experienced sexual assault in the military, legal options may be available. Contact Haeggquist & Eck for a free, no-obligation, case evaluation to explore potential pathways to justice.
