Miscarriage of Justice

MISCARRIAGE OF JUSTICE

(This story makes me very angry. – AJB)

In December 202, Elsie E. Dominguez, a civilian mariner, was a first assistant engineer with the Navy’s Military Sealift Command. While assigned to the civilian-crewed USNS Carson City in Italy, she alleges that the ship’s captain, Yamil Sanchez Padilla, entered her stateroom and raped her while she was in bed in her own stateroom after she had become incapacitated during an evening ashore.

Her civil suit also alleged that the U.S. government and Military Sealift Command negligently failed to protect her beforehand and failed her after she tried to report it. She alleged she was discouraged from reporting, and told she could not make a confidential/restricted report (ie: the whole thing would be a matter of public record).

Incredibly, in court the government argued that because Dominguez was required by her job to live aboard the vessel, the alleged assault should qualify as a work-related “personal injury” under the Federal Employees’ Compensation Act (FECA). That would channel her claim into the workers compensation system instead of allowing her civil lawsuit to proceed for broader damages.

In reply, her attorney argued that “It is inconceivable that the laws of the United States consider rape by a superior a natural, incidental, or anticipated risk of employment on a ship.”

The government ultimately demurred, agreeing that sexual assault was “absolutely and unequivocally not” part of a mariner’s job duties. Its position was that an injury that happens while a civilian mariner is required to be aboard a government vessel can fall under FECA even if the assault itself is plainly criminal.

What boggles the mind here is that the feds actually argued in court that rape constitutes an “injury,” and not, as criminally defined, the violation of a woman by force.

Even more insane is that the Department of Labor agreed with that finding. In August 2026, a federal judge dismissed Ms Dominguez’ civil lawsuit. That ruling had nothing to do with the facts of Ms Dominguez’ case. Rather, it was based on an absurd technicality.

And what, then, of the rapist? Padilla was placed on paid administrative shore leave. Coast Guard prosecutors filed a sexual-misconduct complaint, but the case was withdrawn after he surrendered his merchant-mariner credentials. Padilla is now a free man. He got away with the crime of rape.

And what now for the victim? Her civil lawsuit is over. Criminal accountability is not entirely foreclosed. However, federal prosecutors have already declined to prosecute, and she cannot force them to file charges.

Elsie Dominguez was raped by her superior while under the employ of the U.S. government. Neither party disputes that fact. However, there will be no justice under the law for her for the terrible crime of which she was a helpless victim. Her case is over.

This, then, is the level of justice in America available to those who are unfortunate enough to work for the federal government. And that is no justice at all.

And it is just wrong.