Military Sexual Trauma Accountability Act
- Sponsor
- Sen. Shaheen, Jeanne [D-NH]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 24, 2026
Bottom line
The bill establishes a new civil cause of action for military sexual trauma survivors against the U.S. government, addressing a significant legal barrier to justice.
What it actually does
This bill amends Title 28 of the United States Code to create a new legal pathway, allowing current and former members of the Armed Forces to sue the United States government for injuries or death resulting from military sexual misconduct, or from the government's negligent failure to prevent or investigate such misconduct. It explicitly bypasses certain long-standing exceptions to the Federal Tort Claims Act and establishes a 5-year statute of limitations for these claims.
Proponents argue
Proponents argue that the current legal framework, particularly the Feres doctrine, unjustly bars service members from seeking justice for harm suffered due to military sexual trauma and the military's negligence in preventing or investigating it. This bill would provide a crucial avenue for accountability and redress for survivors, acknowledging the unique challenges they face within the military system.
Opponents contend
Opponents might express concerns about the potential for a flood of litigation, the significant financial burden on the government, and the impact on military command structure and readiness. They may also argue that existing military justice and administrative processes are sufficient or that this bill could undermine them by creating parallel legal systems.
The bill is concise and its core provisions are clearly articulated, allowing for a quick and informed assessment of its primary impacts.
Section 1
Short Title
This section formally names the Act as the "Military Sexual Trauma Accountability Act." This is the official name by which the legislation will be commonly known and cited in legal and public discourse.
Supporters argue
A clear short title helps in referencing and discussing the bill, making it more accessible to the public and legislative bodies, and clearly communicates its purpose.
Critics contend
No specific opposition is typically raised against short titles, as they are standard legislative practice.
Section 2(a), new 28 U.S.C. 2681
New Cause of Action for Military Sexual Trauma
This provision adds a new section to federal law, allowing individuals to sue the United States for injury or death arising from sexual misconduct committed by a "covered individual" (another service member) while the claimant was a member of the Armed Forces. It also permits claims for the government's negligent failure to prevent or investigate such misconduct, or any other wrongful or negligent actions that contributed to the sexual misconduct.
Section 2(a), new 28 U.S.C. 2681(a)
Definitions of Key Terms
This subsection defines crucial terms for the new cause of action. A "covered individual" includes members of the Armed Forces, reserve components, and the National Guard on various duty statuses. "Sexual misconduct" is broadly defined to encompass specific Uniform Code of Military Justice (UCMJ) offenses, including rape, sexual assault, aggravated/abusive sexual contact, wrongful broadcast of intimate images, other sexual misconduct, and standalone sexual harassment.
Section 2(a), new 28 U.S.C. 2681(c)
No Reduction for VA/DoD Benefits
This provision explicitly states that any monetary award received from a claim under this new section will not be reduced by the amount of any healthcare or other benefits already provided to the claimant by the Department of Veterans Affairs (VA) or the Department of Defense (DoD). This ensures that civil compensation is supplemental to, not offset by, existing benefits.
Section 2(a), new 28 U.S.C. 2681(d)
5-Year Statute of Limitations
This provision establishes a 5-year statute of limitations for claims brought under this new section, beginning on the date the claim accrues. This overrides the general 2-year statute of limitations typically applicable to tort claims against the U.S. government, providing a longer window for survivors to file their claims.
Section 2(a), new 28 U.S.C. 2681(e)
Exceptions to FTCA and Tolling Provision
This subsection specifies that certain exceptions to the Federal Tort Claims Act (FTCA) – specifically subsections (a), (h), (j), and (k) of 28 U.S.C. 2680 – do not apply to claims under this new section. It also states that the 5-year filing period is tolled (paused) during the pendency of any investigation or proceeding related to the alleged sexual misconduct, ensuring that internal military processes do not inadvertently cause claimants to miss their civil filing deadline.
This provision explicitly states that subsections (a), (h), (j), and (k) of section 2680 (the Federal Tort Claims Act's exceptions) do not apply to claims brought under this new section. These exceptions include claims based on discretionary functions, intentional torts, combatant activities, and claims arising in a foreign country.
Section 2(a), new 28 U.S.C. 2681(e)(1)
Why it matters:This is standard legislative drafting for modifying existing legal frameworks, but its impact is profound and easily missed by those unfamiliar with Title 28 and the nuances of sovereign immunity.
Case for: Supporters argue that these specific exceptions have historically been used to deny justice to military sexual trauma survivors, effectively shielding the government from liability. Their explicit exclusion is necessary to create a viable and meaningful path for claims, ensuring accountability.
Case against: Critics might contend that these exceptions serve important purposes in protecting government functions, military operations, and the discretion of federal employees. Their removal, even for specific types of claims, could set a problematic precedent or lead to unintended consequences for government liability.
Estimated impact: This provision significantly expands the scope of government liability for military sexual trauma, potentially leading to numerous new lawsuits that would have been previously barred, and could result in substantial financial payouts.