Sexual assault in the military: what the law allows

Legal accuracy check

Chris Schroeder, Esq.

Florida Bar #520381 · D.C. Bar

First published October 5, 2026 · Last checked October 5, 2026

How pages are checked

How claims work when the institution is the military

For most institutions on this site, the page explains how a survivor sues the institution. For the armed forces, the first thing to understand is that a service member generally cannot. This page covers the active-duty and reserve services and the service academies; the institutions hub lists the other kinds of institution we cover.

The Feres doctrine

The Federal Tort Claims Act lets people sue the United States for injuries caused by federal employees. In Feres v. United States, 340 U.S. 135 (December 4, 1950), the Supreme Court carved service members out: “The Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” In United States v. Johnson, 481 U.S. 681 (1987), the Court held that the bar applies “even if the alleged negligence is by civilian employees of the Federal Government,” and noted that Congress had not changed the rule in more than 35 years.

The same reasoning closes the other federal door. In Chappell v. Wallace, 462 U.S. 296 (1983), the Court held that enlisted personnel “may not maintain a suit to recover damages from a superior officer for alleged constitutional violations,” and in United States v. Stanley, 483 U.S. 669 (1987), that no constitutional damages remedy is available for injuries that “arise out of or are in the course of activity incident to service.”

Courts have applied these rules to sexual assault. In Cioca v. Rumsfeld (4th Cir. July 23, 2013), 28 current and former service members who alleged they were raped or sexually assaulted by fellow service members sued two former Secretaries of Defense; the Fourth Circuit affirmed dismissal. In Doe v. Hagenbeck (2d Cir. August 30, 2017), a former West Point cadet who alleged she was assaulted by a fellow cadet sued two senior West Point officers. The Second Circuit held “there is no Bivens remedy available in this context” and ordered the claims dismissed; her claims against the United States had already been dismissed in the district court. One judge dissented.

Put plainly: where the assault was incident to service, there is no damages claim against the United States, and no damages claim against commanders for how they ran the institution.

Administrative claims do not fill the gap

The Military Claims Act lets the services settle some claims, but it excludes injury to a service member “whose injury or death is incident to his service” (10 U.S.C. 2733(b)(3)). A 2019 law, 10 U.S.C. 2733a, lets service members bring administrative claims for medical malpractice by Defense Department health care providers, but it covers malpractice only, and its regulation states that intentional torts “are not payable under this part” (32 C.F.R. 45.2). It is not a route for a sexual assault claim.

What is available instead

The criminal process. The FY2022 National Defense Authorization Act (Pub. L. 117-81, December 27, 2021) required each service to set up an office of special trial counsel, led by a general or flag officer judge advocate, with personnel “independent of the military chains of command” of both the victim and the accused (10 U.S.C. 1044f). It took effect two years after enactment, December 27, 2023, for offenses after that date. Rape and sexual assault under Article 120 of the Uniform Code of Military Justice are among the “covered offenses” these offices handle (10 U.S.C. 801(17)). A court-martial can convict and punish. It does not pay compensation.

Reporting and a lawyer of your own. A service member or adult dependent can make a restricted report, disclosing the assault confidentially to a Sexual Assault Response Coordinator, a victim advocate or health care personnel and receiving care, counseling and legal assistance “without initiating an official investigation” (10 U.S.C. 1565b(b)(1)). Special Victims’ Counsel provide legal help to victims “regardless of whether the report of that offense is restricted or unrestricted” (10 U.S.C. 1044e). The DoD Safe Helpline is 877-995-5247.

VA care and benefits. By statute, the VA runs a program of counseling and care for former members whose condition resulted from sexual assault or sexual harassment during service, “regardless of duty status or line of duty determination” (38 U.S.C. 1720D). The VA says a disability rating “is not needed,” that “you don’t need to have reported the MST at the time or have other proof that the MST occurred to get care,” and that care is available to veterans with an Other Than Honorable discharge or fewer than two years of service. Disability compensation is a separate claim. For post-traumatic stress disorder based on an in-service assault, VA rules allow evidence from outside service records, such as rape crisis centers, counselors, family, roommates or fellow service members, and “evidence of behavior changes following the claimed assault” (38 C.F.R. 3.304(f)(5)). The VA will not deny such a claim without first telling the veteran about that kind of evidence.

Records correction. A survivor who believes a discharge or an entry in their military record is wrong can ask for it to be corrected. A request to a Board for Correction of Military Records is due “within three years after discovering the error or injustice” (10 U.S.C. 1552(b)).

Who can be held responsible

The person who committed the assault can be prosecuted, and since December 27, 2023 that decision sits with special trial counsel rather than the chain of command. Whether that person can also be sued in a civil court under state law was not something we could confirm: a claim against the individual may be possible, and a lawyer has to check how the military rules apply to the facts.

The United States is not liable to a service member for an assault incident to service, and commanders cannot be sued for damages over how they ran the unit or academy, as Cioca and Hagenbeck show. Feres concerns claims against the United States. Where a private business or contractor was involved, a claim against it is a separate question under state law, and whether one exists depends on the facts.

Civilians are in a different position. The FTCA excludes claims “arising out of assault, battery” (28 U.S.C. 2680(h)), but in Sheridan v. United States, 487 U.S. 392 (June 24, 1988), the Supreme Court held that “in at least some situations” an assault does not prevent liability against the Government “for negligently allowing the assault to occur.” In Sheridan the plaintiffs were civilians and the shooter an off-duty serviceman. A civilian harmed by a service member may therefore have a negligence claim against the United States, subject to the FTCA’s strict claim rules below.

Sexual assault of a child on a base, at a military school or in a youth program is covered on our pages about child sexual abuse and camps and youth programs. Civilian employees of the military should also read our page on sexual assault at work, and our guide to adult sexual assault covers civil claims by adults generally.

Deadline issues for military claims

FTCA claims by civilians. A tort claim against the United States “shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues,” or unless suit is filed within six months after the agency mails a final denial (28 U.S.C. 2401(b)). No lawsuit can be filed until the agency denies the claim or six months pass without a decision (28 U.S.C. 2675(a)). Our page on prisons and jails explains how these rules work in federal custody.

Military Claims Act and 2733a. Both require a written claim within two years, and neither covers a service member’s sexual assault incident to service.

Records correction. Three years from discovering the error or injustice, under 10 U.S.C. 1552(b).

VA care. The VA’s own MST page sets no reporting requirement for care. Claims against a private party under state law follow that state’s rules; our statute of limitations reference covers the general deadlines.

Litigation and reporting figures

Because of Feres, there is no mass tort against the military of the kind this site tracks for other institutions. The two appellate cases above are closed, and both ended in dismissal. The public record that does move each year is the Defense Department’s own reporting.

The FY2025 fact sheet puts the reporting rate at 33 percent, up from 25 percent in FY2023, and reports “sufficient evidence to take disciplinary action in 2,220 cases.” The academy figures are from the academic program year fact sheet, which also counts 17 sexual harassment complaints. These are the Department’s counts of reports and survey estimates. They are not findings that any particular assault occurred.

Where to go next

If you are in crisis, the Veterans Crisis Line is 988, then press 1, or text 838255. Survivors still serving can reach the DoD Safe Helpline at 877-995-5247. Reporting abuse explains civilian reporting, and trauma and healing covers support that has nothing to do with a legal claim. Civil and criminal cases explains how a prosecution differs from a lawsuit. If a contractor, a private business or a civilian setting was involved, or you are a civilian harmed by a service member, a free, confidential case review can tell you whether a claim exists outside the Feres bar. It costs nothing and commits you to nothing.

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