Sexual Assault in Military Academies Rises Dramatically

Sexual assault is a pervasive issue, and it is particularly prevalent in the military. The Department of Defense has reported a sharp increase in sexual assault allegations at military service academies in recent years. In addition, the statistics are just as staggering for women and men in the military, with thousands of incidents reported each year. This is a deeply concerning issue, and victims of sexual assault in the military often face unique challenges in seeking justice and healing.

In an article published by The Hill, a disturbing statistic is revealed among our military. According to a report released by the Pentagon, the number of reported sexual assaults in the U.S. Navy, Air Force, and Military academies for the 2021-2022 school year was the highest on record since 2006, with 206 reports. This marks a rise of 45 reports from the previous academic year, which was the highest until then.

What the data from the report shows

An anonymous survey conducted among academy students found that 63 percent of academy women and 20 percent of academy men experienced some form of sexual harassment during the previous academic year. This is up from 50 percent of academy women and 16 percent of academy men in the 2017-2018 school year. Moreover, the Defense Department’s estimate of academy men and women experiencing unwanted sexual contact in the past year increased from 737 in the 2018 school year to 1,136 in the 2022 school year.

While the academies have implemented comprehensive plans to address the issue, the report identifies alcohol as a driver behind the troubling trend, with 60 percent of all unwanted sexual contact incidents driven by alcohol use. Sexual harassment incidents at all three academies were up by several percentage points compared to the 2017-2018 school year.

The U.S. Naval Academy reported the most incidents, with 23.1 percent of women and 4.6 percent of men reporting unwanted sexual contact. The Air Force Academy reported a similar rate, with about 22 percent of women and 4.3 percent of men reporting unwanted sexual contact. The Military Academy, known as West Point, reported the lowest rate with 16.5 percent of academy women and 3.5 percent of men reporting unwanted sexual contact.

The report highlights an ongoing and compounding issue at the three academies, sparking increasing concern on Capitol Hill. The Defense Department’s Sexual Assault Prevention and Response Training and Education Center of Excellence works closely with the academies to ensure compliance with policies and rules, but a broader plan of action for this academic year is required to address new policies and improve climate survey assessments.

How the Feres Doctrine has kept servicemembers from seeking justice

It should be noted that servicemembers have faced significant hurdles for seeking justice for intra-military sexual assault because of the Feres Doctrine. According to the Center for Law and Military Policy:,

…the Feres doctrine is a judicial policy that immunizes service members from civil liability when causing harm to each other. Created by the Supreme Court in the 1950’s, the insulation from judicial review is practically absolute, applying to all varieties of intra-military harm, from a negligence to intentional wrongdoing such as sexual assault.

However, there is light at the end of the tunnel. In 2022, the 9th U.S. Circuit Court of Appeals held that the Feres Doctrine “doesn’t apply to sexual assault because the ‘alleged sexual assault [could] not conceivably serve any military purpose,.” That case – Spletstoser vs. Hyten – could have far-reaching implications, and eventually involve a Supreme Court decision. Between this case and the recent decision that Feres doesn’t apply to medical malpractice claims, we could be hearing the death knell of this doctrine sooner rather than later, putting justice in reach for victims of sexual assault and rape.

Sexual assault of civilians by military members

Sexual assault by military members against civilians is a serious and troubling issue. In some cases, military personnel who have sexually assaulted civilians have faced criminal charges and imprisonment. However, it can be difficult for civilians to pursue legal action against military personnel due to jurisdictional issues.

One potential avenue for victims of sexual assault by military members is to pursue a civil lawsuit against the perpetrator. An experienced attorney can help victims of sexual assault understand their legal options and navigate the complex legal system. A civil lawsuit can seek financial compensation for the harm suffered as a result of the assault, including medical expenses, lost wages, and emotional distress.

Another potential avenue for justice is to file a complaint with the Department of Defense (DoD). The DoD has established a Sexual Assault Prevention and Response Office to provide support for victims of sexual assault, investigate complaints, and hold perpetrators accountable. However, victims may be hesitant to come forward due to fears of retaliation or stigma.

How can an attorney help victims of assault?

It is obvious that reform needs to happen, and we look forward to the day when sexual assault on and outside of military academies see a dramatic decline instead of incline. It is important for victims of sexual assault by military members to understand that they have options for seeking justice and holding perpetrators accountable.

An attorney can play a crucial role in helping victims of assault, including sexual assault. Sexual assault can cause significant physical and emotional trauma, and seeking justice can be a daunting task. An experienced attorney can help navigate the complex legal system and provide support throughout the process.

Attorneys who focus on assault cases can help survivors understand their legal rights, including the ability to file a civil lawsuit against the perpetrator or pursue criminal charges. They can provide guidance on the best course of action and help the victim determine what kind of compensation they may be entitled to, such as damages for medical expenses, lost wages, pain and suffering, and more.

Additionally, a sexual assault attorney can help ensure that victims are treated fairly and respectfully throughout the legal process. They can advocate for the victim’s interests and ensure that their voice is heard in court. In some cases, an attorney can negotiate a settlement or plea deal that is in the victim’s best interest, avoiding a lengthy and emotionally draining trial.

Overall, an attorney can provide crucial support and guidance to victims of assault, helping them seek justice and move forward with their lives. If you have been assaulted by a military member, you need to contact the experienced legal team at McGowan, Hood, Felder & Phillips, LLC. Our attorneys provide compassionate and informed legal guidance, and will work to make things right. To schedule a free consultation with one of our South Carolina sexual assault attorneys, call us at one of our many offices in South Carolina, or use our contact page. It is difficult to come forward about such an experience, but trust that we will make you our priority, and handle your case with sensitivity and discretion.