Judge Dismisses Rape Accusation as Worker’s Compensation Claim

A U.S. federal judge dismissed a civil lawsuit by Elsie Dominguez against the U.S. government, categorizing her rape accusation as a worker’s compensation claim related to her professional duties. Dominguez, a civilian engineer, alleged rape by the captain of USNS Carson City in December 2021.

Dominguez sought criminal charges, but none were filed. Her attorney, Christine Dunn, explained the lawsuit targeted the U.S. government to encourage systemic change. The U.S. Coast Guard investigated and concluded a sexual act occurred when Dominguez could not consent, although no criminal charges resulted. The accused captain, Yamil Sanchez Padilla, denied the allegations. He surrendered his credentials, avoiding trial. This dismissal raises concerns about the adequacy of worker’s compensation in cases of alleged workplace sexual assault.

“To create real systemic change that has the power to keep people safer, you have to go after the institution.” – Christine Dunn, Dominguez’s attorney

Dominguez’s lawsuit sought compensation and accused the government of failing to prevent the alleged assault. Her case was paused when the court cited a 1952 Supreme Court judgment, indicating damages could only be recovered under the Federal Employees’ Compensation Act (FECA) for injury sustained during work duties. Dominguez argued the assault occurred off-duty, during an unconscious state at the time. Her compensation claim was accepted, but she rejected the work-related injury categorization.

Dominguez’s attempts to report the incident met resistance, but she later reported it to several military agencies. Dunn highlighted that similar cases have been dismissed under workers’ compensation claims, despite the absurdity of such arguments.

Dominguez stated she faced personal losses by coming forward but aimed to set a legal precedent for the future. The dismissal suggests an appeal within the Department of Labor was unlikely to succeed, according to Dunn. She criticized the legal system’s treatment of such allegations as minimizing and devaluing service members’ contributions.

Impact on the Accused Captain

The Military Sealift Command continued to employ Padilla as investigations were underway. His removal in March 2025 came after the U.S. Coast Guard filed an administrative complaint. Despite the judgment being significant, its impact was limited as Padilla avoided trial by surrendering his license.

Dominguez’s Allegations

Dominguez, a United States Merchant Marine Academy graduate, described her experience turning into a nightmare aboard the USNS Carson City. Prior to the alleged incident in December 2021, she had a friendly relationship with the captain, dating back to their service on another ship.

She alleged that after a social outing, she became incapacitated and was later assaulted in her stateroom. Documents claim she received multiple phone calls and messages from the captain. The next day, she reported the incident through official channels. The captain reportedly expressed embarrassment in a message, which strengthened her claim.

Due to ongoing risks, Dominguez felt unsafe on board and requested additional security, which was delayed. Her complaint highlighted the captain’s known history of alcohol abuse and criticized the government’s lack of adequate protective measures.

Despite the challenges, Dominguez resumed working on a Military Sealift Command ship, focused on recovering emotionally while working in a similar environment to where the alleged incident occurred.