Suing fellow military

[ButtonDownLip]

What is the name of your state? VA

I live in Virginia but the assault happened in Hawaii.

Okay...this is going to be crazy.

When I was in Hawaii someone whom I considered a friend sexually assaulted me after bringing me home from the ER for a pulled back muscle. I was on Valium and Roxicet.

Unfortunately they did not prosecute him but he did get an article 15 for not telling me he had HPV. Thus on record he has admitted to knowing he had it and not telling me before having sexual intercourse.

Recently I had a PAP come back saying I have HPV and pre cancerous cells. I have several previous PAPs before the incident that were normal. I also have records of therapy and was diagnosed with PTSD.

Now...I don't care about the money. I just want to get back at him. Can I sue him for pain and suffering?

[fozzy2]

There are a number of possible grounds for suit, the most straightforward probably being suing him for battery (for transmitting the disease). Without looking up a citation, IIRC such suits are not that uncommon. If you can document pain and suffering by all means throw that on the pile.

The problem is that your desire for revenge is not really what the legal system is set up for. It's mainly about money. Does this person have enough money -- and can you demonstrate high enough damages -- that it is worth it to hire a lawyer to proceed with a lawsuit? I don't know what typical damages in a case like this might be, but it is probably worth talking with a lawyer about. The fact that he has reportedly admitted key facts for the record is a giant plus in your column --- but there might be complications because he was NJP'ed and not court martialed. At any rate, an attorney familiar with dealing with military people/matters should be able to help you quickly sort out whether or not it is worth it.

[marine]

Wondering the time frame? I am sorry that happened, but I try and 'turn the table' to prepare for defense.

How long ago was it? Did you report the sexual assault to authorities and how soon after? or did you report 'just' the infection? I may have misread the post, with apologies.

Revenge? CRIMINAL CHARGES! If the allegations are true and I am not inferring that they are not, it sounds like a case of sexual assault/rape. NJP is UCMJ, they are other options. VA AG or county DA?

A defense might be the time and the motivation. Money suits are typically looked at with a lesser evidentiary burden but with more jury stigma

[cstgrd]

Dealing with the military is very tricky..and the best advice I can give from experience is to do your own research and ALOT of it. I've learned so much just by digging around online for hours on end educating myself on military law, the UCMJ, and the particulars on your specific situation and it's pretty straightforward but you need to be very careful because the bottom line is alot of them will "protect their own." I also remember running across a site critical of the military but I can't remember the name. I'm in VA too, and I'd suggest you also try to search for a civilian lawyer specializing in military law that would possibly take on the case pro bono or try VA Legal Aid if $$ is an issue, like it was in my situation. The civilian lawyers really go for a fight since they have no real ties directly to the military. I've heard of one (not pro bono though) who has NEVER lost a case against the military. If you want his name and #, as well as any other contacts in VA, send me an email and I'll tell you more.
And of course, the info. from the guys on here has been EXTREMELY helpful too,they know their stuff!
Best of Luck to you.