Are Military Bases Exempt from State Sexual Abuse Laws?
Fighting For Important Causes In State And Federal Courts
Military bases may be found all over the country. Although bases may be located in various states, those state laws likely do not apply to sexual abuse cases arising on military bases. Instead, federal law governs military bases, and a sexual abuse claim is likely a federal matter, not a state one.
Generally, military bases are governed by federal law because they are federal property, and personnel are often federal employees or service members. More specifically, military laws may govern claims arising on military bases, which is a separate subset of federal law. If you were sexually abused on a military base, you likely need a lawyer who is familiar with federal and military laws surrounding your case.
Get a private, free legal analysis from our sexual abuse lawyers with The Law Office of Andrew Shubin when you call (814) 826-3586.
Are Sexual Abuse Cases on Military Bases Governed by State Law?
No, state law usually does not govern sexual abuse cases on military bases. Military bases are almost always under federal jurisdiction, and federal law will govern the case. More specifically, certain federal laws regarding the military will play a significant role in the case.
Federal Law and Military Bases
Military bases are federal property and fall under federal jurisdiction regardless of what state the base happens to be in. If you were sexually abused on a military base, you may be able to sue under the Federal Tort Claims Act.
A tort claims act exists in each state and allows plaintiffs to sue the state government under circumstances outlined in the act. The Federal Tort Claims Act is the same, and it may allow survivors of sexual abuse to sue federal employees and their employers.
Military Law
The federal government comprises various agencies and entities, but military bases are different. While the Federal Tort Claims Act spells out how a person may sue a federal employee, and by extension the federal government, suing a military base is incredibly difficult.
Whether you can sue at all may depend on whether you are a military servicemember, a civilian employee, or a civilian who is not employed on the base or by any federal entity.
Who to Report Sexual Abuse To
If you experience sexual abuse on a military base, you might have several options when it comes to how to report the abuse.
You can report to civilian authorities if you are not a servicemember, but once it becomes clear that the offender is military, the military authorities will be involved and will likely take control of the case.
You might instead report directly to the abuser’s supervisors on the military base. Either way, you should seek help from our sexual abuse lawyers when you report the abuse.
How Do I File a Lawsuit for Sexual Abuse on a Military Base?
How you file a lawsuit for sexual abuse on a military base depends on multiple factors that you should review with your attorney. In some cases, it might not be possible to sue at all.
Feres Doctrine
The Feres Doctrine generally bars lawsuits against the government by military servicemembers for claims of personal injury, wrongful death, sexual assault or abuse, and various other claims.
This doctrine arises from the 1950 U.S. Supreme Court case Feres v. United States. In that case, the Court ruled that active-duty military servicemembers cannot sue the military for injuries “incident to service.” The doctrine is broad and generally bars claims for almost all injuries a servicemember incurs while on active duty, regardless of how the injuries occurred.
The Feres Doctrine employs a four-factor test for determining if claims should be permitted or barred:
- The location of the incident
- The plaintiff’s duty status
- Whether the plaintiff was receiving or entitled to receive military benefits or medical care when the incident happened
- The nature of the activity surrounding the incident
How a particular case fits within these factors may determine whether the sexual abuse was incident to military service.
Recent Case Law
The Feres Doctrine has been the subject of numerous court cases, and the recent case of Spletstoser v. Hyten in 2022 shed new light on how this doctrine applies to cases of sexual abuse on military bases.
In this case, Kathryn Spletstoser, a colonel in the U.S. Army, claims she was sexual assaulted by U.S. Air Force General John Hyten. The two were attending a conference where military members were a minority, the military did not control who was invited, and they stayed in a hotel open to the general public. Hyten is alleged to have gone to Spletstoser’s hotel room, where he sexually assaulted her.
The court ruled that this situation does not satisfy the four-factor test under the Feres Doctrine for determining whether a tortious act should be permitted or barred.
FAQs About How State Laws Affect Sexual Abuse Cases on Military Bases
Are Sexual Abuse Lawsuits on Military Bases Federal or State Matters?
Generally, almost any injury claim arising on a military base falls under federal jurisdiction. If you were sexually abused on a military base, your claims are a federal matter.
What Federal Laws Usually Govern Sexual Abuse Cases on Military Bases?
Military bases fall under federal jurisdiction, and specific laws may apply to claims involving the military, especially if the parties involved are on active duty. The Feres Doctrine generally bars injury claims by active-duty servicemembers.
Can I Sue for Sexual Abuse on a Military Base?
Possibly. It may be very difficult to sue if you were an active duty servicemember when the sexual abuse occurred. Injury claims, including those for sexual abuse, may be barred by the Feres Doctrine. Review your situation with a lawyer to determine if you can sue.
What if Sexual Abuse Involving Servicemembers Occurred Outside a Military Base?
If the abuse occurred outside of a military base, you may have a strong chance of being able to sue even if you are an active-duty servicemember. The Feres Doctrine employs a four-factor test to determine if a claim is barred. Where the abuse occurred is one of these factors, and if the abuse occurred outside of a military base, you might be able to sue.
Can a Civilian Sue for Sexual Abuse on a Military Base?
Possibly. The Feres Doctrine generally bars injury claims against the military by active duty servicemembers. If you were not on active duty or are a civilian, you might not be barred. Talk to an attorney about your case to find out.
Ask Our Sexual Abuse Attorneys for Help with Your Lawsuit Now
Get a private, free legal analysis from our sexual abuse lawyers with The Law Office of Andrew Shubin when you call (814) 826-3586.