Woman can't sue Army for sexual assault by recruiter

United States Court of Appeals for the Tenth District ruled Thursday that an Oklahoma woman could not sue the U. S. Army after she was sexually assaulted by one of its recruiters.
Priscilla Olsen brought the lawsuit following the attack by recruiter Kelvin Key on March 27, 2001, according to the decision. The district court dismissed the case, saying the Army was not liable in the case. The appellate panel backed that decision.
Ms. Olsen met Sgt. Key two days before the assault, the decision said. He gave her a practice test which she failed. He gave her a ride home from the office. "During the car ride, Key mentioned to Ms. Olsen that he could help her out by giving her some practice tests. Key phoned Ms. Olsen that evening and told her once again that he could help her to pass her exam. Also, during the phone conversation Key asked Ms. Olsen if she liked to fish and she responded in the affirmative."
Two days later, he called and asked her if she would go fishing with him later that day. She asked if he would help her prepare for the tests and he said he would. He picked her up in a black jeep with Army stickers on it, the decision said. "Sgt Key asked explicit questions about Ms. Olsen's sexual activity and offered to orally stimulate her." Then he began satisfying himself.
He climbed out of the Jeep, opened the passenger door, then began "kissing Ms. Olsen's breasts, rubbing her crotch and tried to remove her clothes." She finally was able to pull away from him and walked away. He returned to the Jeep and eventually drove her home, according to the decision.
"On the way home, Sgt. Key stated that he and Ms. Olsen were going to have sex and made another advance to which Ms. Olsen pulled away. He asked Ms. Olsen not to tell anyone or he would risk losing his job with the Army."
She reported the assault to the recruitment office supervisor later that day, the decision said, and also reported it to the Pittsburg County Sheriff's Department. The investigators were told "specifically that the Army had previously received a complaint of sexual assault against Mr. Key. Also, the Army admitted that they did not investigate this previous complaint because they did not believe the complainant."
The decision says the Army did not dispute that Key assaulted Ms. Olsen. "The United States has also admitted that Key's conduct toward Olsen violated Army restrictions on inappropriate contacts with recruits, including an Army regulation prohibiting any personal relationship or social contact between a recruiter and a potential recruit." Key had undergone training in which those rules were specifically mentioned.
Key was eventually court-martialed and discharged from the Army, the decision said.
One of Ms. Olsen's key points was that the Army had received the earlier complaint and had not followed up on it. The decision spelled out the reasoning used by Ms. Olsen's lawyer. "The United States failed to investigate and/or report any prior complaints made against Mr. Key. It was foreseeable that Mr. Key had the propensity to do the same thing again. Thus, the government should be held liable in this case for its negligence in hiring, retention, and supervision of Mr. Kelvin Key."
That argument did not wash with the judges. The decision reads, "Ms. Olsen's analysis is unconvincing."