A military sexual assault lawsuit alleging a four-star general repeatedly attacked a decorated former service member on multiple occasions reportedly survived a motion to dismiss.

A California federal judge reportedly rejected arguments by the defendants in the lawsuit to dismiss the lawsuit or move it to Nebraska. Politico reports that the decision by U.S. District Court Judge Michael Fitzgerald is a significant victory for the plaintiff in the case who says that a top-ranking military officer who was also her superior sexually assaulted her in a hotel room.

Military Sexual Assault Lawsuit Names High Ranking Officer

The lawsuit reportedly alleges that Air Force Gen. John Hyten sexually assaulted an Army officer at least nine times in 2017. The former army officer, a 28-year veteran with two bronze stars, claimed that the assaults took place while the two took military trips to California, London, South Korea, and other locations, according to the Stars and Stripes. The plaintiff also reportedly says that her military career was stalled by Hyten after she refused his advances. She claims that Hyten eventually forced her to retire.

The military sexual assault lawsuit details one incident that allegedly occurred in California in 2017 when both were attending a Nations Defense Forum. The plaintiff reportedly alleges that Hyten came to her hotel room during the trip. She says that he grabbed her, kissed her, and rubbed against her without her consent.

Military Investigation Draws No Conclusions

The Stars and Stripes reported in May that the plaintiff had filed a complaint with the Air Force, prompting an investigation. However, the Air Force came to no determination regarding the allegations.

According to the Stars and Stripes, the Air Force found that there was not enough evidence to charge Hyten or take other actions.

Hyten has since been confirmed by the U.S. Senate as the vice chairman of the Joint Chiefs of Staff, reportedly making him one of the highest-ranking military officers in the nation. The plaintiff brought her claims of sexual assault to the Senate, but failed they failed to hinder the confirmation.

Plaintiff Hopes to Change System

For his part, Hyten and his attorneys deny the claims and say that the Air Force investigation was sufficient. Hyten also argued that claims that he sexually assaulted another officer should be heard in a separate military judicial system.

According to the Stars and Stripes, claims of sexual assault do not fair well in the military’s justice system. Military courts have reportedly blocked rape and sexual assault claims, reasoning that they were “incident to” the plaintiff’s service. Additionally, courts have reportedly ruled that service members cannot sue their commanding officers in search of damages.

The plaintiff told Stars and Stripes reporters that her lawsuit is “about equal justice under the law. Military members must be afforded equal opportunity in our judicial system, which they currently don’t have. I want him to be held accountable for what he did.” She told reporters that she hopes her actions will help lower ranking female military members report sexual assault and harassment.

Indeed, it appears that the plaintiff has secured a victory for now. In his order dismissing Hyten’s argument that the lawsuit should be dismissed because it occurred on a military trip, the judge concluded that a sexual assault could not “serve any military purpose.”

“Regardless of whether General Hyten came to Plaintiff’s hotel room under the pretense of work-related purposes, it is not conceivable that his military duties would require him to sexually assault Plaintiff, or that such an assault would advance any conceivable military objective,” stated Judge Fitzgerald in his order.

This article is not legal advice. It is presented
for informational purposes only.