619-342-8000Were You Sexually Assaulted by a Military Service Member?
San Diego is home to more than 115,000 active-duty service members, one of the largest military concentrations in the country. The men and women stationed at Naval Base San Diego, Camp Pendleton, MCAS Miramar, and installations across the region serve in environments built on trust, discipline, and chain of command.
When sexual assault occurs within that structure, the betrayal runs deep, and the path to accountability has historically been blocked by legal doctrines that treated these violations as part of military life.
That is beginning to change. The San Diego military sexual assault lawyers at Haeggquist & Eck represent survivors of military sexual assault in San Diego who are looking for legal options outside the military justice system. Call (619) 342-8000 for a confidential conversation.
Why Choose Haeggquist & Eck?: Standing With Military Sexual Assault Survivors in San Diego
Military sexual assault survivors face barriers that most civilians never encounter. The person who harmed you may outrank you. The institution you would normally report to may be the same one protecting the person responsible. The culture around you may treat silence as loyalty and reporting as disruption.
Haeggquist & Eck understands these dynamics. Founded in 2008 by Managing Partner Alreen Haeggquist, the firm is women-owned and built around a trauma-informed model that shapes every aspect of how we work with survivors.
What Trauma-Informed Representation Looks Like
A trauma-informed approach is not a marketing phrase. It means the legal process is built around the survivor’s safety, pace, and sense of control. At Haeggquist & Eck, that starts with the first phone call and continues through every stage of a case.
Our attorneys maintain smaller caseloads, so each client works directly with their attorney rather than being passed between team members.
Communication follows your lead, whether that means frequent updates or space between conversations. No one is pressured to disclose more than they are ready to discuss.
Why We Treat This as an Employment Law Issue
The Department of Defense is the largest employer in the United States. We handle military sexual assault cases through the lens of employment law and civil rights because the women and men who serve have a right to a workplace free from sexual violence.
We believe that no employer should be above accountability for failing to provide a safe work environment.
How the Law Is Shifting for Military Sexual Assault Survivors
For decades, a legal doctrine called the Feres doctrine blocked service members from suing the federal government for injuries that occurred during military service. Courts applied this bar broadly, and for years, it prevented survivors of military sexual assault from pursuing civil claims, effectively treating sexual violence as an inherent risk of serving.
What was the Spletstoser v. Hyten Decision?
In 2022, the Ninth Circuit Court of Appeals issued a ruling that changed how military sexual assault cases are handled in this region.
In Spletstoser v. Hyten, a former Army colonel brought claims of sexual battery and assault against a former Air Force general. The government moved to dismiss the case under the Feres doctrine. The motion was denied.
The Ninth Circuit affirmed the district court’s decision, holding that the Feres doctrine did not bar the claims. The court applied a four-factor test and found that the alleged assault occurred in a private hotel room open to the public, during the plaintiff’s personal time, in circumstances that had no connection to any military mission or purpose.
The court’s language was direct, stating that it could not conceive of how the alleged sexual assault could ever be considered an activity incident to military service..
What the Feres Shift Means for San Diego Service Members
The Spletstoser ruling and the subsequent Merchant Marine Academy settlement under the Federal Tort Claims Act represent a meaningful change in what legal options may be available.
These developments have opened potential paths for civil claims in several categories of situations. Circumstances that may support a civil claim based on the evolving legal framework include situations where:
- The assault occurred in a location open to civilians, such as a hotel, off-base housing, or a public venue
- The survivor was off duty or engaged in personal activity at the time of the assault
- The military’s access to or control over the location was not exclusive to service members
- Institutional failures, such as ignored complaints or inadequate prevention policies, contributed to the conditions that allowed the assault to occur
- The assault had no conceivable connection to any military mission, training exercise, or operational purpose
Every case depends on its specific facts, and the law is still evolving. But for survivors in San Diego who believed they had no civil recourse, these developments may open a door worth exploring with a civilian attorney.
Call (619) 342-8000 now to speak with Haeggquist & Eck’s military sexual assault attorney in San Diego.
Ask Haeggquist & Eck
Q: Is the Feres doctrine still blocking military sexual assault lawsuits?
In some regions and cases, yes. The Feres doctrine has historically prevented most service members from suing the federal government for injuries during military service. However, the Ninth Circuit ruled in Spletstoser v. Hyten that the Feres doctrine did not bar claims arising from a sexual assault that occurred in circumstances outside the scope of military duty.
Q: Do I have to report through my chain of command before talking to a civilian lawyer?
No. You have the right to consult a civilian attorney at any time, independently of any military reporting process. A civilian attorney is not part of the military system and is not subject to its reporting obligations. Many survivors find it helpful to understand their civilian legal options before deciding how to proceed within the military structure.
Q: What if the assault happened years ago?
You may still have a viable claim. Filing timelines depend on whether a claim is pursued through the military system, through a federal civil action, or under California state law. Some of these timelines may be longer than survivors expect. Speaking with an attorney sooner rather than later helps clarify which deadlines apply and whether a claim may still be viable.
How Common Is Military Sexual Assault?
The Department of Defense’s own data reflects how widespread military sexual assault is. There were 8,195 reported sexual assaults in 2024 involving members of the military, compared with 8,515 in 2023.
The overall total dropped roughly 4%, driven largely by a 13% decrease in Army reports, while the Navy, Air Force, and Marine Corps each reported increases.
Underreporting Remains a Core Problem
These reported numbers do not reflect the full scope of military sexual assault. An anonymous military-wide survey found that more than 29,000 active-duty service members experienced unwanted sexual contact in the previous 12 months.
The gap between formal reports and survey responses points to systemic barriers that discourage survivors from coming forward.
Several factors contribute to underreporting across every branch of service. The following are among the most commonly cited reasons military sexual assault survivors give for not filing a formal report:
- Fear that reporting may lead to career damage, involuntary transfer, or separation from service
- Concern that the person responsible holds a higher rank or position of authority within the chain of command
- Distrust of a military justice system that has historically produced low accountability rates for offenders
- Social isolation or retaliation from unit members who view reporting as disruptive to cohesion
- Uncertainty about whether the experience qualifies as assault under military definitions
These barriers are not personal failures. They reflect institutional conditions that survivors have described for decades.
Reporting Options for Military Sexual Assault Survivors in San Diego
Service members and veterans in San Diego have several paths available. Understanding the distinction between these options may help you decide which approach fits your situation.
Speaking With a Civilian Attorney
Consulting a civilian attorney before making any formal report may help you understand your legal options outside the military system.
A San Diego military sexual assault attorney operates independently from your chain of command and is not subject to the reporting obligations that apply within the military structure. The conversation is confidential.
Military survivors often hesitate to reach out because the experience feels too tangled in rank, duty status, and institutional loyalty to explain clearly. An initial conversation with a civilian attorney is meant to cut through that.
When you contact Haeggquist & Eck, you share what you are comfortable sharing, and our attorney helps you see which legal paths may apply to your situation.
Restricted vs. Unrestricted Reports
The military’s Sexual Assault Prevention and Response (SAPR) program offers two reporting options:
- A restricted report allows a service member to access medical care, counseling, and victim advocacy without triggering a formal investigation or notifying the chain of command.
- An unrestricted report initiates an official investigation and involves law enforcement and command notification. Once a report becomes unrestricted, the process moves forward, and the change is not reversible.
The choice between these paths affects privacy, career implications, and available support. A civilian attorney can help you think through each option before you commit to one.
The DoD Safe Helpline
The Department of Defense Safe Helpline provides confidential crisis support for members of the military community affected by sexual assault. The service is available 24 hours a day by phone, text, or online chat.
What Types of Civil Claims Might Be Available to Military Sexual Assault Survivors?
Military sexual assault survivors may have civil claims under the Federal Tort Claims Act (FTCA) or California state tort law, depending on the circumstances.
- An FTCA claim is brought against the federal government and may apply when institutional negligence, such as failure to act on prior complaints or inadequate prevention policies, contributed to the conditions that allowed the assault to occur.
- A California state tort claim may be brought directly against the individual who committed the assault and may include causes of action such as battery, assault, or intentional infliction of emotional distress.
In some situations, both paths may be available. Whether a specific claim is viable depends on facts, including where the assault occurred, the duty status of those involved, and the nature of any institutional failures.
Common Questions for Our San Diego Military Sexual Assault Lawyers
What if I already filed a restricted report and want to change it?
A restricted report may be converted to an unrestricted report at the survivor’s request. However, the reverse is not true. Once a report becomes unrestricted, the investigation and command notification process moves forward.
Does the Ninth Circuit’s Spletstoser ruling apply to all military sexual assault cases?
No. The Spletstoser ruling is binding authority within the Ninth Circuit, which covers California, Arizona, Nevada, Oregon, Washington, Alaska, Hawaii, Idaho, and Montana. Courts in other federal circuits are not bound by this decision and may apply the Feres doctrine differently. Whether it is applicable also depends on whether the assault meets the four-factor test.
What if I was discharged or separated from the military after reporting?
A discharge or separation that follows a sexual assault report may raise questions about retaliation. The laws and claims that apply depend on your military status and the facts of the case. A civilian military sexual assault attorney can help you determine what claims you may have.
What is the difference between working with a JAG attorney and a civilian attorney?
A JAG (Judge Advocate General) attorney works within the military justice system and may represent service members in courts-martial or advise on military legal proceedings related to sexual assault. A civilian attorney operates entirely outside that system and focuses on civil claims for compensation against the individual who committed the assault or the federal government.
You Served. You Deserve to Be Heard.
Coming forward about military sexual assault takes a kind of courage that the institution itself has not always honored. If you are a survivor who has been waiting for the legal landscape to catch up, recent developments suggest that new options may now exist.
Haeggquist & Eck is a women-owned San Diego firm that takes a trauma-informed approach to every case. We understand the unique pressures military survivors face, from chain-of-command dynamics to concerns about career impact to the emotional weight of challenging an institution you served.
If you are a survivor of military sexual assault, we are ready to listen when you are ready to be heard. Call (619) 342-8000 to speak with our San Diego military sexual assault attorneys.
Contact Haeggquist & Eck, LLP online
or call (619) 342-8000 for assistance!
- 619-342-8000
- 225 Broadway, #2050 San Diego, CA 92101
