GREAT NEWS!!!!
The UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT affirmed the lower courts ruling in allowing a Service Member to sue another Service Member for sexually assaulting them.
Short story: Colonel Kathryn Spletstoser accused General John Hyten of sexually assaulting her and filed a civil claim against him. His Attorney's argued that Hyten was immune from suit under US v. Feres because the "injuries arose out of or are in the course of activity incident to service."
US v. Feres is a Supreme Court case that held that the Government would not liable for those injuries. Spletstoser brought suit under the Federal Tort Claims Act (“FTCA”). The district court concluded that the doctrine established in Feres v. United States, 340 U.S. 135, 146 (1950) (holding that “the Government is not liable under the [FTCA] for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service”), did not bar plaintiff’s claims because the “alleged sexual assault [could] not conceivably serve any military purpose."
We filed an Amici Curiae Brief in support of Colonel Kathryn Spletstoser and are overjoyed that her suit is allowed to continue.
You hear that?!?
The Court upheld a Service Member's right to sue another Service Member for sexually assaulting them.
Sexual assault is NOT a part of your military service.
Look out rapists, we're coming for you.
Download the full decision below.
