Justice Thomas says West Point cadet MUST sue after Supreme Court dismissed ‘rape’ case

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Judge Clarence Thomas says West Point cadet MUST sue over alleged rape on campus after Supreme Court dismissed case

  • The woman – named Jane Doe – says she was attacked by a classmate in 2010
  • She left school three months after the alleged sexual assault after joining in 2008
  • The woman then filed a lawsuit against the military training school
  • She said it had not addressed the “known culture of sexual assault.”
  • Doe said it did not provide “appropriate medical and emotional support.”
  • But the court declined to hear her case on Monday, citing a 1950 ruling
  • Feres v. United States means that service employees are often exempt from federal lawsuits against the government, unlike other U.S. citizens
  • Justice Thomas said the court should reconsider the 1950 ruling

Judge Clarence Thomas said Monday that a West Point cadet should be able to press charges for her alleged rape on campus after the Supreme Court declined to hear the case.

The woman – called only Jane Doe – claims she was attacked by a classmate in 2010. She left school three months after the alleged sexual assault.

She then filed a lawsuit against the military training school in an attempt to prosecute two senior officers with arguing the academy – which she joined as a cadet in 2008 – failed to tackle its ‘ubiquitous and well-known culture of sexual assault’.

Doe said it did not provide “appropriate medical and emotional support.”

But the court declined to hear her case on Monday, citing the Federal Tort Claims Act (FTCA) of 1946, The hill reports.

According to the FTCA, US citizens can file federal lawsuits against the government – but a 1950 ruling, Feres against the United States, means service workers are often exempt.

Justice Thomas said the court should reconsider the 1950 ruling.

Judge Clarence Thomas, pictured, said on Monday that a West Point cadet should be able to press charges for her alleged rape on campus after the Supreme Court declined to hear the case

Judge Clarence Thomas, pictured, said on Monday that a West Point cadet should be able to press charges for her alleged rape on campus after the Supreme Court declined to hear the case

Judge Thomas wrote: “ According to our precedent, if two Pentagon employees – a civilian and a military – are hit by a bus in the Pentagon parking lot and prosecute, it may be that only the civilian would have a chance to defend his claim. on earnings.

Nothing in the text of the law requires this disparate treatment.

“Nor is there any background rule that federal bus drivers have a greater duty of care to civilian workers than those who are military.”

Thomas noted that Doe “could have made the same claims if she had been a civil contractor employed by West Point instead of a student.”

Other judges Antonin Scalia, Ruth Bader Ginsburg and John Paul Stevens have previously criticized the ruling.

The woman - called only Jane Doe - claims she was attacked by a classmate in 2010.  She left school three months after the alleged sexual assault.  She then filed a lawsuit against the military training school, arguing that the academy - which she joined as a cadet in 2008 - failed to tackle the 'ubiquitous and well-known culture of sexual assault' (stock image)

The woman – called only Jane Doe – claims she was attacked by a classmate in 2010. She left school three months after the alleged sexual assault. She then filed a lawsuit against the military training school, arguing that the academy – which she joined as a cadet in 2008 – failed to tackle the ‘ubiquitous and well-known culture of sexual assault’ (stock image)

Thomas added: “Perhaps the Court is hesitant to address this issue at all, as it would have to mess with a 70-year-old precedent that is arguably wrong.

“But if Feres’s teaching is so wrong that we can’t figure out how to keep it in check, then it’s better to say goodbye.”

The woman lawyer has not commented on the ruling as of Monday afternoon.

According to the FTCA, US citizens can file federal lawsuits against the government - but a 1950 ruling, Feres against the United States, means service workers are often exempt.  Justice Thomas said the court should reconsider the 1950 ruling.  Supreme Court is pictured

According to the FTCA, US citizens can file federal lawsuits against the government, but a 1950 ruling, Feres against the United States, means service workers are often exempt. Justice Thomas said the court should reconsider the 1950 ruling. Supreme Court is pictured

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