Will Servicemembers Finally Get Justice for Sexual Assault?
As Americans we owe our safety and security to the brave men and women that serve in the military, today and in years past. In holding such high esteem for our servicemen and women we must consider the injustices that can occur in our military system. One such issue is the use of the Feres Doctrine, by the military, to dodge accountability for sexual assault cases between active duty service members.
The St. Cloud Times explores the shortcomings of the Feres Doctrine and its impact on survivors of military sexual assault in their 2022 article, “Military sexual assault survivors battle the Feres Doctrine.” This article highlights flaws in the military justice system by recounting tragic stories of abuse in the armed forces and the subsequent deflecting with the Feres Doctrine removing liability from the military under the disguise of “incidents of service.” This is a term that can only be interpreted one way, the St. Cloud Times suggests, “… sexual assault is an expectation one deals with when serving their country.”
With that, the Feres Doctrine fails to address the unique challenges faced by military sexual assault survivors by denying them the justice they deserve. There are definite reasons to call for the reform of this outdated doctrine, but before looking at recent developments in the mission of reform let’s discuss what the Feres Doctrine actually is.
What is the Feres Doctrine?
The Feres Doctrine prevents military members from suing the government for injuries they sustain while on duty. It originated from a Supreme Court case called Feres v. United States.
Here are three rules that make up the Feres Doctrine:
- The Federal Tort Claims Act (FTCA) allows people to sue the government for injuries, but it doesn’t work the same way for the military. This is because the military has its own system to handle injuries and compensate service members. It’s like a separate set of rules that applies specifically to the military.
- Being in the military is different from being a civilian. Federal laws, which apply to the whole country, are used to govern the military because they, in theory, understand and address the specific needs and challenges of military service better than local laws.
- Military personnel who have already received veterans’ benefits for their injuries also shouldn’t be able to sue under the FTCA, effectively double-dipping compensation from the military.
Are active military service members still subject to these unjust rules about sexual assault?
In short, unfortunately yes, they are. However, there are cases coming out now that are poking holes in the Feres Doctrine. The 2022 sexual assault case of Kathryn Spletstoser V. John Hyten marked a big step forward in military justice.
In a Justia.com case summary, former United States Air Force General John Hyten and the United States Government tried to have a complaint dismissed against Hyten by former United States Army Colonel Kathryn Spletstoser. Spletstoser accused Hyten of sexually assaulting her. In a move counter to the Feres Doctrine, the court denied the motion to dismiss Spletstoser’s complaint.
First, the assault took place in a hotel in California, which was open to both military and non-military individuals. The military had no responsibility for the hotel’s operations or security, so it did not fall under the protections of the Feres Doctrine.
Second, although Spletstoser was on active duty at the time, the assault happened during her personal time in her private hotel room. The court found that this fact weighed against applying the Feres Doctrine.
Finally, and most importantly, the court determined that the nature of the assault had no military purpose and was not related to any military mission. They found that the assault was a personal and intentional act, which further supported not applying the Feres Doctrine.
Let’s look at that last bit again: the Court found that Feres could not apply because rape or sexual assault should not be an expected part of military service. And yet, ever since Feres came down in the 1950s, that is implicitly what it has allowed. For nearly 70 years, servicemembers who have been sexually assaulted, abused, or raped were denied justice because, under Feres, such behaviors could simply be chalked up to “part of the job.”
Thankfully application of the Feres Doctrine was denied in this case and Spletstoser’s legal action against Hyten went forward. This one case has the potential to change everything for the better.
Sexual assault victims need a strong advocate in any legal battle
If you are a resident of Nashville or any of its surrounding communities who has been sexually assaulted, we understand the pain and challenges you may be facing and we want to help. The dedicated team of attorneys at Rocky McElhaney Law Firm has a strong track record of advocating for sexual assault survivors and we are ready to stand by your side through this difficult time. We offer free consultations to discuss your case, understand your rights and explore the legal options available to you. Our compassionate and experienced team will work tirelessly to ensure that your voice is heard and that you receive the justice you deserve. Check out our testimonials to see how we brought justice to individuals who have suffered similar crimes against them.
Don’t be intimidated into silence. Take the first step towards reclaiming your power by contacting Rocky McElhaney Law Firm today. Together, we can earn you the justice you deserve. Contact us today for a free consultation at any of our Nashville, Hendersonville, or Clarksville locations.
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