Partner in Justice
Overturn US v. Feres. I am writing to urge your support for legislation aimed at overturning the Supreme Court decision in US v. Feres (1950). This decision currently prevents survivors of sexual assault in the military from exercising their rights under the Federal Tort Claims Act (FTCA).
How Did Sexual Assault in the Military Get So Bad? According to the Department of Defense, more than 35,000 Service Members are raped every year. Of those that made a report, 64% reported that they were retaliated against. As you can see, when there isn’t accountability, things get out of hand very quickly.
How Do You Create Accountability? You create accountability by giving our Service Members their rights back. When a Service Member is sexually assaulted by another Service Member, they are barred from suing the assailant because of the decision in US v. Feres. But if they were a civilian who was assaulted by a Service Member, that civilian could sue the military member. Service Members deserve the opportunity to hold rapists accountable and to have the same rights as their civilian counterparts. The only thing preventing a victim of sexual assault in the military from suing their rapist is the fact that they signed up to fight for our country.
Service Members Matter. Service Members deserve the opportunity to hold rapists accountable and to have the same rights as their civilian counterparts. To help illustrate our point, if I worked for Amazon and was assaulted while at work, and I could show
that Amazon did not adhere to its own policies and retaliated against me for reporting, then I could sue Amazon for monetary damages. Amazon knows this, thereby giving them an
incentive to ensure that every report is handled properly. There is no such incentive in the
military. And that is where the problem lies.
Give Service Members Their Rights Back. The denial of civil recourse for survivors of sexual assault in the military is a grave injustice that undermines the fundamental rights and protections afforded to all Americans. Even Supreme Court Justice Clarence Thomas opined that the Feres doctrine has become obsolete stating in 2021 that the 70-year-old Feres precedent is “demonstrably wrong” and if the Court cannot figure out how to rein it in, then “the better answer is to bid it farewell.” Even Justice Thomas saw how this legal barrier imposed by US v. Feres not only denies survivors the opportunity for justice, but also perpetuates a culture of impunity within our armed forces.
Protect the Rights of Those Who Protect Yours. It is imperative that Congress take action to rectify this injustice and provide survivors with a path to accountability. By passing legislation that allows military sexual assault survivors to pursue civil claims under the FTCA, we can ensure that those who have experienced such heinous acts receive the justice they deserve and contribute to the prevention of future misconduct.
Empower Our Heroes Now. I urge you to support legislation that addresses this issue and stand up for the rights of military sexual assault survivors. Your leadership on this critical matter is essential in bringing about meaningful change and upholding the values of justice and equality. Thank you for your action on this important issue. I look forward to your support on behalf of survivors of military sexual assault.
If you have any questions, please reach out to Lindsey Knapp, Executive Director, Combat Sexual Assault at executivedirector@combatsexualassault.org.
