New Military Sexual Trauma Bill Would Allow Service Members and Veterans to Sue the United States for Negligence
A newly introduced bipartisan bill could mark a major shift for survivors of military sexual trauma. The Military Sexual Trauma Accountability Act, introduced by U.S. Senators Jeanne Shaheen and John Kennedy, would allow service members and veterans to bring civil claims against the United States when government negligence contributed to sexual assault or sexual harassment during military service.
For decades, active-duty service members have faced significant barriers to bringing civil claims against the federal government because of the Feres doctrine, a 1950 Supreme Court precedent that generally prevents service members from suing the United States for injuries arising out of military service. The proposed bill would create a narrow exception for military sexual trauma claims, similar to the exception Congress previously created for certain military medical malpractice claims under the Major Richard Stayskal Act.
This legislation is not yet law. But if passed, it could provide long-overdue accountability for survivors who were sexually assaulted, harassed, ignored, retaliated against, or failed by the military systems that were supposed to protect them.
What Is the Military Sexual Trauma Accountability Act?
The Military Sexual Trauma Accountability Act would allow service members and veterans to bring civil claims against the federal government when negligence contributed to military sexual trauma.
According to Senator Shaheen’s office, the bill would apply where the government failed to prevent, investigate, or otherwise engaged in wrongful or negligent conduct that contributed to sexual misconduct.
That language matters. This bill is not only about the individual offender. It is about whether the military institution failed in ways that allowed abuse to happen, continue, or go unaddressed.
Examples could include:
- failing to respond to prior reports;
- ignoring known risks posed by an accused offender;
- failing to properly investigate sexual assault or harassment;
- mishandling reports of military sexual trauma;
- allowing retaliation against a survivor;
- failing to separate or protect the survivor from the offender;
- allowing a hostile or abusive command climate to continue.
Why This Bill Matters for Military Sexual Trauma Survivors
Military sexual trauma is not rare. In FY2024, the Department of Defense received 8,195 reports of sexual assault, including 5,169 unrestricted reports and 3,026 restricted reports. The DoD also reported outcomes in 4,292 cases, with evidence supporting disciplinary action in 2,128 cases.
Even those numbers do not capture the full scope of the problem. The DoD has acknowledged that the number of reports received in a given year is not the same as the number of assaults that occurred, because many victims never report.
For survivors, the harm is often compounded by the military environment itself. Service members may live, work, train, deploy, and depend on the same institution that controls their housing, career advancement, medical care, assignments, discipline, and safety. When that institution fails to respond appropriately, survivors may feel trapped inside the very system that harmed them.
What Is the Feres Doctrine?
The Feres doctrine comes from a 1950 U.S. Supreme Court case. In general, it prevents active-duty service members from suing the federal government for injuries that arise out of military service.
In practice, this has meant that service members sexually assaulted or harassed during service often had fewer civil legal options than civilians abused in workplaces, schools, hospitals, churches, youth organizations, or other institutions.
The proposed Military Sexual Trauma Accountability Act would not eliminate the Feres doctrine entirely. Instead, it would create a specific exception for civil claims involving military sexual trauma where government negligence contributed to the harm.
Why Civil Lawsuits Matter in Military Sexual Trauma Cases
Criminal prosecution and internal discipline are important, but they are not the same as civil accountability.
A civil lawsuit can examine broader institutional failures, including what military leaders knew, when they knew it, what they failed to do, and how those failures harmed the survivor.
Civil claims may also allow survivors to seek compensation for damages such as:
- trauma and emotional distress;
- PTSD and mental health treatment;
- medical expenses;
- lost income or career harm;
- loss of military advancement;
- retaliation-related damages;
- pain and suffering;
- long-term impact on relationships, stability, and quality of life.
For many survivors, a civil claim is not just about money. It is about forcing an institution to answer for preventable harm.
Military Sexual Trauma and Institutional Betrayal
Military sexual trauma is often more than a single act of abuse. Survivors may also experience institutional betrayal when reports are minimized, mishandled, ignored, or used against them.
That betrayal can look like:
- being discouraged from reporting;
- being blamed for the assault;
- being transferred while the offender remains in place;
- facing retaliation after reporting;
- having a report mishandled by command;
- watching the offender continue to serve without meaningful consequence;
- losing career opportunities because of the trauma or report.
The proposed legislation recognizes that military sexual trauma survivors should not be blocked from accountability when government negligence played a role.
FAQ: Military Sexual Trauma Lawsuits and the Proposed New Bill
Can active-duty service members currently sue the United States for military sexual assault?
Usually, active-duty service members face major barriers because of the Feres doctrine, which generally prevents lawsuits against the federal government for injuries arising out of military service. The proposed Military Sexual Trauma Accountability Act would create a narrow exception for certain military sexual trauma claims.
Is the Military Sexual Trauma Accountability Act already law?
No. The bill has been introduced, but it must pass Congress and be signed into law before it takes effect.
Who introduced the Military Sexual Trauma Accountability Act?
The bill was introduced by Senators Jeanne Shaheen and John Kennedy as bipartisan legislation intended to allow service members and veterans to seek accountability when federal government negligence contributed to sexual assault or harassment during military service.
What types of claims could be covered?
The bill is aimed at claims where government negligence contributed to military sexual trauma. That may include failures to prevent abuse, failures to investigate, failures to respond to known risks, or other wrongful or negligent actions connected to sexual assault or harassment.
Would this bill apply to veterans?
Yes. As introduced, the bill would allow both service members and veterans to bring civil claims involving military sexual trauma.
What is military sexual trauma?
Military sexual trauma generally refers to sexual assault or sexual harassment experienced during military service. The Department of Defense uses “sexual assault” to include intentional sexual contact involving force, threats, intimidation, abuse of authority, or circumstances where the victim does not or cannot consent.
How many military sexual assault reports were made in FY2024?
The Department of Defense received 8,195 reports of sexual assault in FY2024. Of those, 5,169 were unrestricted reports and 3,026 remained restricted at the end of the year.
Why are civil lawsuits important if the military already has a justice system?
Military justice focuses on discipline or criminal accountability for an offender. Civil lawsuits can focus on institutional negligence, including whether the government failed to protect service members, ignored warning signs, mishandled reports, or allowed retaliation.
Could this bill help survivors whose reports were ignored?
Potentially, yes. The bill is intended to address situations where government negligence contributed to sexual trauma or allowed misconduct to go uninvestigated.
Should survivors wait until the bill passes before speaking with an Military sexual abuse attorney?
No. Survivors should not wait to understand their rights. Deadlines, evidence, records, witnesses, and administrative requirements may all matter. Even if the bill is not yet law, an attorney can help evaluate possible claims and preserve important information.
Andreozzi + Foote Represents Survivors of Sexual Abuse and Institutional Negligence
At Andreozzi + Foote, we represent survivors of sexual abuse, sexual assault, and institutional betrayal. We understand that abuse often happens not only because of one perpetrator’s actions, but because powerful institutions failed to protect those in their care.
If you are a service member or veteran who experienced military sexual trauma, you deserve to understand your legal options. Our attorneys can help evaluate whether institutional negligence, retaliation, ignored reports, or other failures may be relevant to your case.
Contact Andreozzi + Foote today for a confidential consultation from a Military sexual assault attorney.