Tuesday, February 4, 2014

Cause of action against MoD for sex offenses?

A Royal Navy sailor has filed a complaint in a UK employment tribunal in a case involving groping and pestering for sex by a corporal in the Light Dragoons in Afghanistan. The corporal was convicted by court-martial and the sailor now seeks £50,000 in compensation from the Ministry of Defence. According to Norwich Evening News 24, MoD contends that she failed to exhaust her grievance remedy before bringing the case.

Should the state be liable for the criminal acts of its personnel? Does the potential availability of damages make it more likely that sex offenses will be reported? What should be the reporting mechanism, and when if ever should a failure to exhaust it be excused?

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