Bill Would Allow Service Members to Sue Military Over Sexual Assault, With 120,000 Claims Projected

Democratic Sen. Jeanne Shaheen and Republican Sen. John Kennedy introduced the Military Sexual Trauma Accountability Act on Wednesday, Cnn reported. The legislation would allow U.S. service members to sue the military in cases of rape, sexual assault, aggravated sexual contact, sexual assault of a child, sexual harassment and wrongful distribution of intimate images.

A Congressional Budget Office estimate projected 120,000 successful claims within the first 10 years if the bill becomes law, Cnn reported. A Democratic Senate aide said the figure reflects the scale of the issue. The Defense Department received 8,195 reports of sexual assault from service members in fiscal year 2024, 320 fewer than in 2023, according to a report released last May, Cnn reported.

The bill follows charges against an Army gynecologist at Fort Hood, Texas, accused by dozens of women of secretly recording patients and other misconduct. Current law blocks such suits. A 1950 Supreme Court decision prevents service members from suing over injuries from military service.

Congress created a limited exception in 2019 with the SFC Richard Stayskal Military Medical Accountability Act after Sgt. 1st Class Richard Stayskal received a terminal lung cancer diagnosis that Army providers had missed. Shaheen said in a statement that civilians can seek justice from the government while service members cannot.

Kennedy said service members should not give up the right to hold the government accountable for negligence that contributes to sexual assault or harassment. A Democratic Senate aide told Cnn that staff-level talks with the Defense Department have raised concerns the bill could cost the government substantial sums.