On February 13, 2024, the United States moved to stay the case, arguing that any injuries that Ms. Dominguez sustained from being raped in her own bed were a consequence of her employment and can only be redressed through a workers’ compensation claim. In her Opposition, Ms. Dominguez notes the astonishing nature of the United States’ position that the possibility of being raped by the ship’s captain while sleeping in one’s private quarters is a part of a mariner’s job duties aboard a U.S. Navy ship. As stated in the Opposition, in addition to being morally reprehensible, this argument is neither factually accurate nor legally defensible.
In its Motion to Stay, the United States notes that “rape is a reprehensible crime, and the Naval Criminal Investigative Service is investigating this serious allegation.” Despite this assertion, the United States attempts to limit Ms. Dominguez’s legal remedies to only workers’ compensation. In support of its position, the United States argues that rape by the Captain of a ship constitutes a work-related dispute, rather than one that arises out of personal motivations. This assertion is contrary to the allegations in the Complaint. Furthermore, it is difficult to imagine how a rape could ever be a work-related dispute. Ms. Dominguez’s Opposition notes that the government’s position is offensive to civilian mariners and society’s notion of decent working conditions.
“The government’s arguments in its motion demonstrate a shocking lack of concern for the circumstances that led to Ms. Dominguez being assaulted and her resulting injuries,” Dunn said. “Civilian mariners should not be expected to take on the risk that their Captain will rape them in their own bed as a condition of accepting employment on a U.S. naval vessel. For the United States to characterize this sexual assault as workers’ compensation is astonishing.”
“Ms. Dominguez was violently attacked because of the negligence of the United States,” Melogy said. “Ms. Dominguez has bravely come forward with her story to make sure that other mariners do not go through what she did, but the United States continues to fail her.”
Ms. Dominguez is represented in the matter by Sanford Heisler Sharp Partners Christine Dunn (DC Office) and Carolin Guentert (New York Office), Co-Chairs of the Sexual Violence, Title IX and Victims’ Rights Practice Group; Andrew Macurdy (New York Office), Sanford Heisler Sharp Partner and Co-Chair of the Trial Practice Group; Frank Xu, Senior Litigation Counsel (DC Office); and Shannon Henris, a Tom Henderson Civil Rights Fellow (DC Office). Ms. Dominguez is also represented by J. Ryan Melogy of the New York law firm Maritime Legal Solutions, PLLC.
The Lawsuit
The Complaint asserts that the United States’ conduct violates the Jones Act and general maritime law because Ms. Dominguez’s injuries were directly caused by the United States’ negligence and failure to provide a seaworthy vessel. The United States has waived sovereign immunity under the Suits in Admiralty Act and the Public Vessels Act. The Complaint requests a jury trial.
About Sanford Heisler Sharp, LLP
Sanford Heisler Sharp, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, DC, San Francisco, Palo Alto, San Diego, Nashville, and Baltimore. Sanford Heisler Sharp focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp as 2021 Employment Rights Firm of the Year, 2021 Human Rights Firm of the Year, and 2022 Civil Rights Firm of the Year.
For the latest news about Sanford Heisler Sharp, visit the firm’s newsroom or follow the firm on Facebook, LinkedIn, or Twitter.
If you have potential legal claims and are seeking counsel, please call 619-577-4253 or email david.sanford@sanfordheisler.com. Attorneys at Sanford Heisler Sharp would like to have the opportunity to help you.
About Maritime Legal Solutions, PLLC
Maritime Legal Solutions, PLLC is a maritime law firm focused on the representation of mariners who have been the victims of shipboard harassment, sexual harassment, sexual assault, and other forms of maritime abuse. If you need help reporting maritime abuse to the U.S. Coast Guard or federal law enforcement, please contact Ryan Melogy by emailing help@JusticeForMariners.com, calling 347-562-9119, or visiting www.JusticeForMariners.com for a complimentary consultation.
]]>Jane Doe is represented in the matter by Christine Dunn, Partner and Co-Chair of the Sexual Violence, Title IX and Victims’ Rights practice group, and Dacey Romberg, Associate at Sanford Heisler Sharp.
The Federal Torts Claims Act is a federal statute that permits individuals to bring legal claims against federal agencies for torts committed by their employees. Prior to filing an FTCA complaint in court, the individual must first file an administrative complaint with the agency at fault. The agency is then afforded six months to investigate the claim. After that, the individual may file a lawsuit against the agency in federal court.
In September 2022, at the age of 17, Jane Doe signed on to be a Marine “Poolee” – a term used to describe an applicant who defers basic training. Throughout her senior year of high school, she attended various Poolee training exercises at the Marine Recruiting Station in Decatur, Texas. Gunnery Sergeant Christopher Champagne was the Marine Recruiter assigned to oversee Jane Doe’s Poolee program. The administrative complaint alleges that Champagne regularly pulled Jane Doe into his office at the recruiting station, with the door closed, and sexually harassed her by engaging in inappropriate conversations and attempting to kiss her.
The complaint further alleges that as Champagne’s obsession with Jane Doe grew, he coerced her into a sexual relationship, despite the fact that she was a minor and almost twenty years his junior. As alleged in the complaint, the conduct escalated and Champagne sexually assaulted Jane Doe and began stalking her. Jane Doe and her family were so frightened by Champagne’s conduct that they reported him to the Marines and sought and obtained a protection order. The complaint alleges that the Marines failed to adequately enforce the protection order and, as a result, Champagne continued to contact Jane Doe. Champagne went so far as to write a tell-all book about his sexual relationship with Jane Doe that he posted on the internet.
In addition, the complaint alleges that the Marines were aware that Champagne was a danger because his wife had previously reported that he sexually assaulted her. The complaint alleges that the Marines were negligent because, despite being on notice that Champagne posed a danger, they allowed him to serve as a recruiter in charge of teenaged applicants. The administrative complaint further alleges that the Marine Corps is liable under the FTCA because it breached its duty to keep the recruiting station safe for recruits.
“My client was looking forward to spending her life serving her country as a Marine. But her faith in the Marines has been shattered because she was sexually abused by her recruiter – someone she thought she could trust,” said Dunn. “The Marines had a duty to take reasonable measures to protect our client and recruits coming into its facility. We believe that the Marines knew Gunnery Sergeant Champagne had a history of sexual assault but nonetheless allowed him to oversee teenaged recruits. Because of the Marines’ negligence, my client was harmed.”
About Sanford Heisler Sharp, LLP Sanford Heisler Sharp, LLP is a national public interest class-action litigation law firm with offices in Baltimore, New York, Washington, D.C., San Francisco, Palo Alto, San Diego, and Nashville. Sanford Heisler Sharp focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp as 2021 Employment Rights Firm of the Year and 2021 Human Rights Firm of the Year.
For the latest news about Sanford Heisler Sharp, visit the firm’s newsroom or follow the firm on Facebook, LinkedIn, or Twitter.
If you experienced sexual abuse and are seeking counsel, please call 202-221-3152 or email cdunn@sanfordheisler.com. Attorneys at Sanford Heisler Sharp would like to have the opportunity to help you.
For more information, contact Jamie Moss, newsPRos, at 201-788-0142 or Jamie@newspros.com.]]>