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I am active duty with the U.S. Public Health Service; we are…

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I am active duty with...
I am active duty with the U.S. Public Health Service; we are one of the 7 uniformed services but not part of DOD (we are HHS). Anyway, many of our regs are just like the military; however, there are some minor differences (ex: we are not punishable by the UCMJ like DOD). Anyway, I just returned from a deployment in Puerto Rico and during that deployment I was sexually harassed by a senior officer. This incident was report and is now undergoing investigation with the Office of the Surgeon General (OSG). Anyway, after reporting this incident to my command, I was subjected to this officer for another 2.5 days. I literally had to be in the same room as him. I voiced that I was very uncomfortable and felt in danger since he was now aware I reported him and yet, it still took 2.5 days to get this officer a flight home. Anyway, my question is if I have any rights in regards ***** ***** action outside of OSG? I believe command handled the situation poorly and placed me in harms way. Anyway, just curious if I can file anything or if I have no leg to stand on since I am active duty?
Submitted: 5 months ago.Category: Military Law
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Answered in 3 minutes by:
11/15/2017
Military Lawyer: P. Simmons, Military Lawyer replied 5 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,547
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 5 months ago

Can you tell me, what do you mean "file anything"....what is it you want to file?

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Customer reply replied 5 months ago
I'm curious if there is any legal action I can take against the individual outside of USPHS. Are there criminal charges I can file? Am I able to seek retributions for the way the situation was handled (not the actual incident that occurred) by USPHS since I now have ongoing treatments?
Military Lawyer: P. Simmons, Military Lawyer replied 5 months ago

Thanks
You can certainly report, to law enforcement, this crime. They can prosecute the perpetrator. HOWEVER, you would need to report to either the FBI (federal law enforcement) or to the authorities in PR.

And you could sue...but you would need to file suit where this happened (in PR).

you are not able to take action against USPHS...that is not possible. But you can take action against the individual

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
What type of lawyer can I speak to regarding a case like this?
Military Lawyer: P. Simmons, Military Lawyer replied 5 months ago

Hmm...if the goal is to prosecute criminally? Hiring a lawyer will not help...only law enforcement can bring criminal charges.

But if the goal is to sue? Hire a lawyer in PR to sue for assault.

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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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