Claim:
In 2023, a civilian engineer serving on a U.S. Navy ship filed a civil lawsuit against the United States over an on-duty rape. The lawsuit was dismissed in 2026 after a court ruled that the matter fell under the jurisdiction of the U.S. Department of Labor as a worker’s compensation claim.
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<p dir="ltr"><span>Online discussions in August 2026 highlighted the case of Elsie Dominguez, a civilian engineer who alleged she was raped while on duty aboard a U.S. Navy vessel in 2021, prompting her to file a civil suit against the United States for unspecified financial damages. </span></p>
<p dir="ltr"><span>According to the accounts, a judge ultimately threw out the lawsuit, concluding that the incident was a workplace injury and must therefore be handled through worker's compensation via the Department of Labor. </span></p>
<p dir="ltr"><span>This development spread widely across <a href="https://perma.cc/X6KL-GPF7">social</a> <a href="https://perma.cc/C45C-ZDPK">media</a> platforms, with users pointing out that the legal action was halted because the assault occurred during the performance of her job duties, shifting the matter into the worker's compensation system. </span></p>
<p dir="ltr"><a href="https://www.military.com/exclusive-navy-sexual-assault-survivor-says-a-workers-comp-claim-just-ended-her-fight-for-justice">Reports</a><span> detailing these events were featured on outlets focusing on military affairs, as well as the <a href="https://www.ibtimes.co.uk/navy-engineer-rape-lawsuit-dismissed-workplace-injury-1816426">International Business Times</a>. </span></p>
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<p dir="ltr"><span>Court records confirm that the judge dismissed Dominguez's lawsuit because the case was governed by the <a href="https://www.dol.gov/agencies/owcp/FECA/regs/statutes/feca">Federal Employees' Compensation Act</a> (FECA), placing it strictly under the purview of the U.S. Department of Labor. </span></p>
<p dir="ltr"><span>The ruling referenced a <a href="https://supreme.justia.com/cases/federal/us/343/427/">historical Supreme Court precedent</a> establishing that FECA serves as the exclusive legal remedy for civilian crew members aboard public vessels. </span></p>
<p dir="ltr"><span>On May 12, 2026, attorneys for both the plaintiff and the defense submitted a <a href="https://media.snopes.com/2026/08/joint_letter.pdf">joint letter</a> indicating that the Office of Workers' Compensation Programs had officially accepted Dominguez's claim on March 11, formally categorizing the assault as a work-related incident.</span></p>
<p dir="ltr"><span>Inquiries made to the Department of Labor for documentation regarding this ruling resulted in instructions to file a <a href="https://www.dol.gov/general/foia">Freedom of Information Act</a> request. </span></p>
<p dir="ltr"><span>Judge Edward S. Kiel formally dismissed the case on August 11, 2026, according to the official <a href="https://www.pacermonitor.com/public/case/52896667/DOMINGUEZ_v_UNITED_STATES_OF_AMERICA">case docket</a>. </span></p>
<p dir="ltr"><span>A subsequent <a href="https://media.snopes.com/2026/08/dominguez_response.pdf">joint filing</a> from the legal teams, submitted a day prior to the dismissal, noted that "Ms. Dominguez firmly disagrees" with labeling the assault as a routine workplace injury, feeling that the categorization undermines service members in her position. However, she chose not to appeal, making the dismissal inevitable. </span></p>
<p>Legal experts specializing in personal injury note that sexual assault <a href="https://feltg.com/when-sexual-harassment-turns-into-a-workers-comp-claim/">can occasionally qualify</a> for worker's compensation under specific conditions.</p>
<p>For example, a <a href="https://shulman-hill.com/blog/can-i-get-workers-compensation-if-i-was-assaulted-at-work/">New York-based law firm</a> explains that claims may proceed if an employer was aware of a risk—such as a prior warning about a coworker or supervisor—and failed to provide adequate protection.</p>
<h2><span>Background of the Legal Battle</span></h2>
<p dir="ltr"><span>Having graduated from the <a href="https://www.usmma.edu/">U.S. Merchant Marine Academy</a>, Dominguez advanced rapidly through the civilian ranks of the Military Sealift Command from a 3rd Assistant Engineer to a 1st Assistant Engineer—a rare achievement for female mariners, as highlighted in <a href="https://cdn.sanity.io/files/tqa76wn4/production/ce0450dfae11b6758ae7df8bbc6a93ce31680984.pdf">court documentation</a>. </span></p>
<p dir="ltr"><span>Judicial records indicate she first encountered the individual she accused—who would later become captain of the USNS Carson City—during her initial assignment after graduation in 2014, when he served as second mate. </span></p>
<p dir="ltr"><span>Dominguez was assigned to the USNS Carson City in October 2021. </span></p>
<p dir="ltr"><span>According to her statements, the captain initiated a romantic pursuit following her transfer to the vessel, an advance she felt unable to reject given his supervisory status over her. </span></p>
<p dir="ltr"><span>Describing the initial encounter as deeply unsettling, she made it clear to the captain that she had no interest in maintaining any romantic or sexual relationship moving forward. </span></p>
<p dir="ltr"><span>Court paperwork details her ongoing efforts to reject his advances until the situation escalated in December 2021, culminating in the <a href="https://media.snopes.com/2026/08/complaint.pdf">formal complaint</a> filed on November 11, 2023. </span></p>
<p dir="ltr"><span>Her legal filing stated that while ashore with colleagues, she became intoxicated—suspecting she may have been drugged—and later woke up in her quarters while the captain was actively assaulting her.</span></p>
<p dir="ltr"><span>As reported by <a href="https://www.stripes.com/branches/navy/2026-08-25/lawsuit-workers-comp-sexual-assault-navy-ship-22658787.html">Stars and Stripes</a>, the captain was removed from the ship and faced a criminal <a href="https://cdn.sanity.io/files/cie3xykz/production/ecdfd6f1b734c13d0751ef4df281ac45b7e87aab.pdf">investigation</a>. Subsequent records indicate he <a href="https://www.maritimelegalaid.com/alj-docket/cases/2025-0086-u-s-coast-guard-vs-yamil-sanchez-padilla">surrendered his credentials</a>, and the related proceedings were <a href="https://www.uscg.mil/Resources/Administrative-Law-Judges/Decisions/ALJ-2025-Decision/#:~:text=2025%2D0086,Withdrawal">withdrawn</a> in March 2025.</span></p>
<p dir="ltr"><span>The civil complaint sought accountability for the assault sustained on December 21, 2021, and criticized the government's failure to protect or support her when she formally reported the incident the following morning.</span></p>
<p dir="ltr"><span>The lawsuit requested financial compensation for extensive damages:</span></p>
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<p dir="ltr"><span>As a direct and proximate result of the negligence of the United States, Ms. Dominguez suffered physical and emotional injury, pain and suffering, mental anguish, loss of capacity for the enjoyment of life, loss of future wages and earning capacity, damage to her professional prospects and reputation, and other harms and losses to be proven at trial. These losses and injuries are either permanent or continuing, and Ms. Dominguez will suffer these losses and injuries in the future.</span></p>
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<p dir="ltr"><span>Legal reviews of <a href="https://dockets.justia.com/docket/new-jersey/njdce/3:2023cv22724/537154">court filings</a> via the PACER database revealed a February 8, 2024 letter from Adam Calendrillo, chief of procedures for the Office of Workers' Compensation Programs, stating there was "a substantial likelihood of FECA coverage for Ms. Dominguez's alleged injuries." </span></p>
<p dir="ltr"><span>Calendrillo further noted that even though the assault took place while she was asleep in the early morning hours, Dominguez remained covered under FECA 24 hours a day for any injuries incidental to her employment.</span></p>
<p dir="ltr"><span>On June 4, 2024, the defense's <a href="https://www.pacermonitor.com/public/case/52896667/DOMINGUEZ_v_UNITED_STATES_OF_AMERICA">motion to stay</a> was partially granted, pausing the civil proceedings until her FECA claim with the Department of Labor could be fully resolved.</span></p>