Noteboom The Law Firm

Class-Action Lawsuit Claims Pentagon Botched Rape Cases

February 25, 2011 - Military sexual abuse has unfortunately become a major issue in today's military and one that has shown to cause significant damage among its victims as well as the units to which they're attached. Over a dozen current and former service members filed a class-action lawsuit detailing not only sexual abuse they suffered while in the military but how the Pentagon ignored their complaints about the abuse.

The petitioners' claims range from being generally abused and insulted to being raped or even gang raped. Those filing this lawsuit are using it as a vehicle to compel the Pentagon to change their protocol when handling such cases. When these types of cases arise, the petitioners are asking for the implementation of an independent third party to handle them to eliminate individual commanders' influence over the investigations into the victims' allegations. 

The Pentagon has very poor reactions to these types of cases, according to the plaintiffs. They charge not only that rape and sexual assaults are rampant in the military, but most attackers get away with their crimes. Worse, the vast majority of victims must continue a daily relationship with their attacker living in an environment where they are supposed to be looking out for one another. Their attacker, meanwhile, is usually given low-grade, non-judicial reprimands for their actions.

Survivors who report the attacks may put themselves in an even worse position than they were by remaining silent. Aside from risking their entire unit turning their back on them, some survivors find themselves being involuntary discharged. The culture toward the rape victim and their attackers must change.

The military is implementing a hotline where victims can report sexual assaults. Since 2005 the military has had an office where victims can file confidential sexual assault reports allowing them to see a doctor without forcing an investigation.  However, the fact that these types of crimes are being committed on soldiers by other soldiers is completely unacceptable. Hopefully this lawsuit will bring much needed attention to this issue and force the Pentagon and the military to take these allegations seriously, protect their soldiers, punish the offenders, and ensure that rapists have no place in this country's military.