A U.S. federal judge has dismissed a civil lawsuit brought by a civilian engineer working under a U.S. Navy command after her rape accusation was deemed a worker's compensation claim and an incident falling under her professional duties. In a November 2023 civil federal complaint against the U.S. government, Elsie Dominguez alleged that she was raped aboard the high-speed transport ship USNS Carson City by the captain in December 2021, court documents reviewed by Newsweek show.
She initially attempted to pursue criminal charges, her attorney, Christine Dunn, told Newsweek, but none were ultimately brought. Along with the civil claim, the U.S. Coast Guard carried out its own probe, which it said found that the captain engaged in a sexual act with a crewmember when she could not consent but did not generate criminal charges.
Dunn said the civil claim went after the U.S. government, rather than the captain, because "to create real systemic change that has the power to keep people safer, you have to go after the institution." Federal Judge Edward Kiel did not determine if a rape occurred. The Coast Guard closed its investigation after the captain, identified in court documents as Yamil Sanchez Padilla, surrendered his credential. Federal regulations allow a mariner facing suspension and revocation charges to surrender a credential instead of contesting the allegations, allowing the Coast Guard to close the case without findings on the merits.
Sanchez Padilla denies the allegations, according to Maritime legal aid and advocacy group Maritime Legal Aid. Newsweek contacted the U.S. Navy, Military Sealift Command (the ship's operator) and the U.S.
Coast Guard via email on Friday for comment. No contact for Sanchez Padilla or his representative was listed on court or Coast Guard documents reviewed. The case raises questions about whether workers’ compensation provides an adequate remedy for people alleging workplace sexual assault.
Dominguez's civil complaint sought back pay, front pay and compensatory damages, and accused the U.S. government of failing to do enough to prevent the alleged assault. Dominguez, who was in her early 30s at the time of the alleged incident, brought the case to "prevent other civilian mariners and service members from having to endure the same horror that she experienced," her complaint said. Kiel paused the civil case in July 2024 after the government argued that the 1952 U.S.
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