Army officer says she was raped, but court ruling blocks her from justice

[Yo_Mama_Been_Loggin]

Capt. Erin Scanlon says she doesn't know where to begin.

-snip-

Her ordeal, she says, started on the night of Sept. 10, 2016 when Scanlon, a former fire support officer in the Army's elite 82nd Airborne Division who left the military last month, claimed she was raped by another Army service member in Fayetteville, North Carolina. She was a 1st Lt. at the time of the alleged assault and made Captain in February 2019.

But from there her predicament only worsened: the military took over the case from civilian criminal court a week before trial was set to begin and one of her former special victims counsels, her advocate in the military legal system, was ordered to testify against her about a witness Scanlon didn't disclose until late in the court martial process.

Scanlon says she then wasn't allowed to sit in on the trial or see any transcript and that, now, she has no legal recourse to file a suit against the Army primarily because of a controversial 1950 Supreme Court ruling that prevents service members from suing the government.

https://www.msn.com/en-us/news/us/army-officer-says-she-was-raped-but-court-ruling-blocks-her-from-justice/ar-BBZaVIQ?li=BBnb7Kz&ocid=hplocalnews

[bluestarone]

1. LOOPHOLE found!!

SHAME on all these fuckers!! Just unbelievable!!

[TomSlick]

2. The Feres Doctrine is long-established law and not terribly controversial.

It really makes sense. Do you really want soldiers suing the government when they are injured in military service?

The facts alleged make for a hard case but we must remember that hard cases make for bad law.

[atreides1]

3. Yes I do want them to sue the government!!!

Especially if said injuries were a result of the incompetence of the chain of command!!!

For 13 years I kept hearing that old mantra of being responsible for your actions...I guess it was all bull shit...figures!!!!

[TomSlick]

4. So, if a soldier dies in combat, his family can sue the Army alleging poor tactical decisions?

Thus endeth the ability of the country to have a military.

A soldier's life is one of risk. Soldier's accept that risk in service of the country.