Bipartisan bill would let service members sue for sexual assault

A new bipartisan bill introduced by Senators Jeanne Shaheen and John Kennedy would allow service members and veterans to file civil lawsuits against the Department of Defense for negligence related to military sexual trauma. The Military Sexual Trauma Accountability Act would create a carve-out from the Feres doctrine, which has barred service members from suing the federal government for injuries that occur during military service since a 1950 Supreme Court ruling. This proposed legislation follows the same model as a 2019 law that allowed service members to sue for military medical malpractice.

The Feres doctrine has long prevented service members from filing claims under the Federal Tort Claims Act for any injuries or harm considered incidental to military service, including training accidents and other on-duty incidents. In late 2019, Congress created the first major exception to this doctrine by passing legislation that gave service members and their families the right to file medical malpractice claims against military health facilities for harm caused by military physicians or civilian contractors. The new bill would establish a second exception specifically for cases where the Defense Department failed to prevent, investigate, or was otherwise negligent in handling sexual misconduct.

The legislation would affect both active-duty service members and veterans who experienced sexual assault or harassment during their military service. In fiscal year 2024 alone, service members filed 6,973 reports of sexual assault that occurred during military service. According to the Congressional Budget Office, an estimated 120,000 service members would file successful claims under this bill within its first decade of implementation, reflecting the widespread scope of military sexual trauma and the current lack of legal recourse for survivors.

The medical malpractice exception provides a useful benchmark for understanding how this new legislation might work in practice. Since 2020, the Army has received 351 medical malpractice claims, with 45 settled or pending settlement and 160 denied. The Air Force approved 25 claims out of 184 filed between January 2020 and February 2026, paying out approximately 2.1 million dollars. The Navy has received 250 claims since 2021, approving 14 with total payouts of approximately 5.3 million dollars. These numbers suggest that while the process allows for accountability, claims face rigorous scrutiny and many are denied for procedural reasons or lack of merit.

For disabled veterans, this legislation represents a potential pathway to both financial compensation and institutional accountability for trauma that often contributes to service-connected disabilities. Military sexual trauma is already recognized by the VA as a basis for disability claims, particularly for mental health conditions like PTSD, depression, and anxiety. The ability to pursue civil claims against the Defense Department could provide additional resources for treatment and recovery while forcing systemic improvements in how the military prevents and responds to sexual assault. The bill has garnered support from major veterans advocacy organizations including the Veterans of Foreign Wars, the American Legion, and Protect Our Defenders.

Veterans who experienced military sexual trauma should monitor the progress of this legislation as it moves through Congress. Even if the bill does not pass immediately, the growing bipartisan support and backing from major veterans organizations suggests momentum toward expanding legal accountability. In the meantime, veterans with service-connected disabilities related to military sexual trauma should ensure they have filed claims with the VA and are receiving appropriate compensation and care. Working with a veterans service organization can help navigate both current VA disability claims and any future opportunities to pursue civil remedies if this legislation becomes law.