Sexual Assault Case Against Former Joint Chiefs Vice Chair Gets Green Light from Appeals Court

"Applied in this case, it meant that the government was effectively arguing that Spletstoser's sexual assault was an inherent part of military service and, as a result, civilian courts were not empowered to intervene. Lawyers for the government told the judges at the 9th Circuit Court of Appeals that "Feres required the district court to decline [Spletstoser's] invitation to second-guess the military's disciplinary investigation and conclusion."

The appeals court, however, sided with original district court ruling and remarked that they "'cannot fathom' how the alleged sexual assault in this case could ever be considered an activity 'incident to [military] service.'""