Kennedy, Shaheen introduce bipartisan bill to hold government accountable for negligence tied to military sexual trauma

WASHINGTON - Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, joined Sen. Jeanne Shaheen (D-N.H.) in introducing the Military Sexual Trauma Accountability Act, bipartisan legislation to help servicemembers and veterans seek accountability when federal government negligence contributed to sexual assault or harassment during their military service.

Under current law, the Feres doctrine generally prevents service members from suing the federal government for injuries arising from their active-duty military service. That can leave servicemembers and veterans with few options to seek accountability when government negligence contributed to military sexual trauma or allowed misconduct to go uninvestigated.

Modeled after Kennedy's Major Richard Stayskal Act, which allowed servicemembers to bring certain medical malpractice claims against the federal government, the Military Sexual Trauma Accountability Act would create a narrow exception for claims involving military sexual trauma. This bill would allow servicemembers and veterans to bring civil claims against the federal government when negligence contributed to sexual assault or harassment during their service.

"Servicemembers give up a lot to defend this country, but they should not have to give up their right to hold the government accountable when its negligence contributes to sexual assault or harassment. The Military Sexual Trauma Accountability Act creates a narrow path for servicemembers and veterans to seek justice when the federal government failed to prevent or properly investigate abuse. Our brave men and women in uniform deserve real accountability, not excuses," said Kennedy.

"In recent years, Congress has taken meaningful steps to help empower service members to report instances of sexual assault and harassment, but in order to build on that progress and root out the negligence that has allowed for sexual harassment and assault to thrive in our military, survivors must be able to pursue every possible avenue for legal recourse. It makes no sense that civilians can seek justice from the government when the warriors who have sacrificed everything to protect our nation cannot. Our landmark legislation would right this wrong by tearing down the barriers that prevent members of the military and veterans from engaging the justice system to demand accountability and finally begin to heal," said Shaheen.

The Military Sexual Trauma Accountability Act would allow servicemembers and veterans to bring civil claims against the United States for injuries arising from:

• Sexual misconduct committed by a covered individual.
• The negligent failure to prevent sexual misconduct.
• The negligent failure to investigate sexual misconduct.
• Other wrongful or negligent actions that contributed to the sexual misconduct.

The Military Sexual Trauma Accountability Act is also supported by the Veterans of Foreign Wars, the American Legion and the Service Women's Action Network.

Full text of the Military Sexual Trauma Accountability Act is available here.