Senate Bill Would Allow Active-Duty Members and Veterans to Sue U.S. Over Military Sexual Trauma

New legislation introduced in the U.S. Senate on Thursday would permit active-duty service members and veterans to file civil claims against the United States for negligence that contributed to military sexual trauma. The Military Sexual Trauma Accountability Act, sponsored by Sens.

Jeanne Shaheen and John Kennedy, would carve out an exception to the Feres Doctrine, a 1950 Supreme Court precedent that bars most active-duty personnel from suing the federal government under the Federal Tort Claims Act.

Background on the Feres Doctrine The Feres Doctrine has limited legal recourse for service members since 1950. A narrower exception for medical malpractice at military treatment facilities was added in the Fiscal Year 2020 National Defense Authorization Act. An earlier attempt to expand that exception, the Major Richard Stayskal Act, did not pass.

"In recent years, Congress has taken meaningful steps to help empower service members to report instances of sexual assault and harassment," Shaheen said in a statement. com that the measure would remove several FTCA exceptions that currently block sexual assault claims, including discretionary-function and combatant-activity provisions.

Rita Graham, policy director at the Service Women’s Action Network, said the bill would provide "a meaningful path to accountability for survivors of military sexual trauma." The bill remains in the Senate and has not yet received a vote.