Judicial panel rules that military sexual assault survivors may sue

Dayton Daily News - 8/12/2022

Aug. 12—The U.S. Court of Appeals for the Ninth Circuit ruled Thursday that sexual assault is not "incident" or integral to military service, meaning that survivors of assaults should be able to sue for damages.

The nonprofit organization Protect Our Defenders celebrated the ruling.

The organization had filed an amicus brief in support of Army Col. Kathryn Spletstoser, who alleged that retired Air Force Gen. John Hyten, once vice chairman of the Joint Chiefs of Staff, had sexually assaulted her. Spletstoser was Hyten's aide while he led U.S. Strategic Command.

She made the allegations publicly in the summer of 2019, not long before Hyten's confirmation hearing to become the military's second-ranking officer. He retired in Nov. 2021. Hyten has denied Spletstoser's accusations.

Government attorneys had relied on arguments that military members cannot seek damages for injuries sustained during time in service, with some exceptions. The ruling allows her civil lawsuit against Hyten to proceed.

"The asserted tortious act (sexual assault) did not involve a close military judgment call, did not further any conceivable military purpose, and could not be considered incident to military service," the panel wrote, upholding a lower court's ruling.

A message seeking comment was sent to a Department of the Air Force representative.

In April, an Air Force judge found former Air Force Research Lab commander Maj. Gen. William Cooley, 56, guilty of one charge of abusive sexual contact in an historic court-martial at Wright-Patterson Air Force Base.

The judge sentenced Cooley to a reprimand that may impact his military career and retirement and ordered that he forfeit $10,910 of monthly pay for five months.

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