Alleged Rape on Navy Ship Was Treated as Workplace Injury
Judge dismissed civil suit brought by civilian engineer working on Navy ship after rape accusation was deemed worker's comp claim.
A U.S. federal judge dismissed a civil lawsuit filed by Elsie Dominguez, a civilian engineer, who alleged that she was raped aboard the U.S. Navy ship USNS Carson City in December 2021 by Captain Yamil Sanchez Padilla. Dominguez argued that the incident should be treated as a workplace injury under workers' compensation laws, rather than a criminal matter.
The Coast Guard investigated the allegations and found that Padilla engaged in a sexual act with another crew member, but no criminal charges were filed. Federal regulations allow mariners facing suspension and revocation charges to surrender their credentials, allowing the Coast Guard to close the case without finding guilt. Dominguez's attorneys stated that her claim was accepted by the Office of Workers' Compensation Program, despite her disagreement with the determination that her assault was work-related.
The judge dismissed the case in August 2024, citing the 1952 Supreme Court ruling in Johansen v. United States, which limits civilian mariners' ability to recover damages under the Federal Employees' Compensation Act (FECA) for injuries sustained outside of their official duties. Dominguez's legal team believes the dismissal undermines the safety of service members and minimizes their service.
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