Proposed Law Would Let Troops Sue DoD For Military Sexual Trauma
Lawmakers have proposed a law that would hold the federal government accountable for military sexual assault and related issues within the military.
Proposed Law Would Let Troops Sue DoD For Military Sexual Trauma
The Military Sexual Trauma Accountability Act seeks to dismantle a decades-old protection that shields the Department of Defense from certain kinds of legal action. Senators John Kennedy and Jeanne Shaheen introduced a bipartisan bill in June 2026 to allow service members and veterans to sue the federal government over sexual assault, sexual harassment, and institutional negligence.
For over 70 years, the Feres Doctrine has barred these kinds of lawsuits. The Supreme Court established this precedent in 1950, and it prevents active-duty military personnel from suing the government over service-connected issues.
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The Feres Doctrine
The Feres Doctrine was eventually defeated (in one area) thanks to the SFC Richard Stayskal Military Medical Accountability Act of 2019. That legislation created a specific exception to the Feres Doctrine by establishing an administrative claims process for medical malpractice.
The new bill proposes to carve out a similar exception specifically for sexual assault and sexual misconduct.
According to an article by PublicNow.com, “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 “with few options to seek accountability when government negligence contributed to military sexual trauma” or allowed sexual misconduct “to go uninvestigated.”
Who is Affected
Currently serving personnel and veterans would gain the right to file civil claims for military sexual trauma under the proposal. The law would, if passed, permit lawsuits against the federal government under four specific conditions.
- Plaintiffs can sue over sexual misconduct.
- They can sue for negligence or failure to prevent the abuse.
- They can file if commanders failed to investigate an allegation properly.
- The bill also permits claims for other wrongful or negligent actions contributing to the trauma.
Covered offenses may include rape, aggravated sexual contact, and sexual harassment, depending on the final language of the bill as passed into law. Major advocacy groups endorse the measure, including the Veterans of Foreign Wars, American Legion, and the Service Women’s Action Network.
The authors of the bill state that troops volunteer to give up many rights in defense of the country, but they should retain the right to hold the government accountable for negligence. Senator Shaheen argued that civilians can seek justice from the government and that denying military personnel the same legal recourse makes no sense.
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About the author
Editor-in-Chief Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter/editor for Air Force Television News and the Pentagon Channel. His freelance work includes contract work for Motorola, VALoans.com, and Credit Karma. He is co-founder of Dim Art House in Springfield, Illinois, and spends his non-writing time as an abstract painter, independent publisher, and occasional filmmaker.
