Judge Dismisses Civil Suit Over Workplace Sexual Assault
A federal judge has dismissed a lawsuit filed by Elsie Dominguez, a civilian engineer working under U.S. Navy command, who accused her captain of rape aboard the USNS Carson City in December 2021. The incident was classified as a worker’s compensation claim related to her job duties, thus falling under the Federal Employees’ Compensation Act (FECA).
Dominguez initially sought criminal charges, but none were filed. The U.S. Coast Guard conducted its own investigation and found that the captain engaged in a sexual act with her when consent was not possible, yet this did not result in criminal charges.
Legal Strategy and Federal Judge’s Decision
Dominguez’s legal action targeted the U.S. government rather than the individual, aiming for systemic change. Federal Judge Edward Kiel did not rule whether a rape occurred. The case was paused, referencing a 1952 U.S. Supreme Court decision that limited recovery to job-related injuries under FECA.
Dominguez’s workers’ compensation claim was accepted, acknowledging a work-related injury, but she disagreed with this characterization. She decided not to appeal further, leading to the case’s dismissal.
Dunn, her attorney, expressed frustration at the classification, arguing it minimized the impact and value of Dominguez’s service.
Allegations Against Captain Sanchez Padilla
The complaint detailed a series of interactions with Captain Yamil Sanchez Padilla, culminating in the alleged assault in December 2021. Dominguez claimed the captain accessed her stateroom using a master key code and assaulted her while she was incapacitated.
Reports suggest Sanchez Padilla had a history of alcohol abuse. Dominguez’s complaint accused the U.S. government of failing to take necessary precautions, including providing adequate reporting procedures and medical testing post-assault. Despite surrendering his credentials to avoid formal charges, he may reapply in the future.
Continued Impact and Response
Dominguez continues her career with the Military Sealift Command but remains deeply affected by the incident. Her pursuit of legal action was partly to set a precedent for future cases.
Her attorney, Dunn, highlighted the recurring issue of sexual assault cases being treated as workers’ compensation claims, describing the broader legal environment for filing such claims against the military as challenging.
Dominguez shared that the ordeal has cost her friendships and peace of mind, underscoring the personal toll of her effort to change institutional practices.