This lawsuit against the two former defense secretaries was dismissed:

A federal judge has dismissed a class action lawsuit filed by 28 current and former service members for sexual assaults they say happened while they were in uniform serving under defense secretaries Donald Rumsfeld and Robert Gates.

U.S. District Court Judge Liam O’Grady ordered dismissal of the case, filed against the two former secretaries, Dec. 9. He called the sexual assault allegations “troubling,” but said previous cases and Supreme Court decisions have advised against judicial involvement in cases of military discipline.

Quoting the case Gilligan v. Morgan, decided in 1973 by the U.S. Supreme Court, O’Grady wrote “matters of military discipline should be left to the ‘political branches directly responsible — as the judicial branch is not — to the electoral process.’”

“Not even the egregious allegations within the plaintiff’s complaint will prevent dismissal,” O’Grady wrote.

The troops sought monetary damages from Rumsfeld and Gates for what they say was a failure by the Pentagon leaders to provide the military with a judicial system that could handle the cases and leadership that would prevent rape and sexual assault among troops.  [Army Times]

It is not surprising the lawsuit was dismissed especially when a recent media report showed that the Pentagon is increasingly prosecuting servicemembers for sexual assault despite a lack of evidence.  It has even gotten the attention of thee US Court of Appeals, who has gotten involved to start clearing some of these servicemembers who had dubious convictions.