FORTSON v. UNITED STATES OF AMERICA

FORTSON v. UNITED STATES OF AMERICAFORTSON v. UNITED STATES OF AMERICAFORTSON v. UNITED STATES OF AMERICA

FORTSON v. UNITED STATES OF AMERICA

FORTSON v. UNITED STATES OF AMERICAFORTSON v. UNITED STATES OF AMERICAFORTSON v. UNITED STATES OF AMERICA
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The American Negro Sexual Genocide

The American Negro Sexual GenocideThe American Negro Sexual GenocideThe American Negro Sexual Genocide

FORTSON v. USA (filed Dec. 3, 2025): Seeking Justice for the Sexual Violence Endured by American Negroes from 1790 to 1865.

The American Negro Sexual Genocide

The American Negro Sexual GenocideThe American Negro Sexual GenocideThe American Negro Sexual Genocide

FORTSON v. USA (filed Dec. 3, 2025): Seeking Justice for the Sexual Violence Endured by American Negroes from 1790 to 1865.

ABOUT the American negro sexual genocide

Genetic and historical analyses document that, between 1790 and 1865, enslaved American Negroes experienced sexual violence, including forcible rape and forcible incestuous rape as well as other forms of sexual violence. This period is identified in the Plaintiff’s Complaint as the "American Negro Sexual Genocide". Wilma King, "Prematurely Knowing of Evil Things": The Sexual Abuse of African American Girls and Young Women in Slavery and Freedom, 99 Journal of African American History, 173, 173–193 (2014); Rachel A. Feinstein, When Rape Was Legal: The Untold History of Sexual Violence During Slavery at 21–23 (2019); Thomas Foster, Rethinking Rufus: Sexual Violations of Enslaved Men at 46–67 (2019); Gregory D. Smithers, Slave Breeding: Sex, Violence, and Memory in African American History at 101–126 (2012); and Thomas Blackshear, The Selection and Breeding of Negro Slaves (2025). Note: Forcible rape, forcible incestuous rape, and other forms of sexual violence inflicted upon enslaved American Negroes during the American Negro Sexual Genocide are defined on pages 7–9 of the Plaintiff's Complaint.


European Men carried out these acts with the intent to impregnate enslaved American Negro girls and women and to maintain or expand the enslaved population for labor purposes. The labor provided by enslaved American Negroes contributed to wealth generation and infrastructure development. Daina Ramey Berry, The Price for Their Pound of Flesh: The Value of the Enslaved, from Womb to Grave, in the Building of a Nation at 33–147 (2017). As of 2018, the estimated value of the labor provided by enslaved American Negroes is approximately $18.6 trillion (USD) at 3% interest and $6.2 quadrillion (USD) at 6% interest. Thomas Craemer et al., Wealth Implications of Slavery and Racial Discrimination for African American Descendants of the Enslaved, 47 The Review of Black Political Economy, 218, 236–241 (2020); and William A. Darity Jr. et al., The Black Reparations Project: A Handbook for Racial Justice at 40–46 (2023). 

The Magnitude of the sexual violence

Based on genetic and population data, enslaved American Negro girls and women experienced millions, and likely tens of millions, of separate acts of forcible rape and forcible incestuous rape by European Men during the period identified as the American Negro Sexual Genocide. Lily Agranat-Tamir et al., Counting the Genetic Ancestors from Source Populations in Members of an Admixed Population, 226 Genetics 1, 8–13 (2024); Jazlyn A. Mooney et al., On the Number of Genealogical Ancestors Tracing to the Source Groups of an Admixed Population, 224 Genetics 1, 9–13 (July 2023); and David Hacker, From '20. and Odd' to 10 Million: The Growth of the Slave Population in the United States, 41 Slavery and Abolition 843–844 (2020). 


When considering additional forms of sexual violence experienced by both female and male enslaved American Negroes (e.g., forcible fornication, forcible incestuous fornication, and coercive fornication), the total number of separate incidents of sexual violence is estimated to be in the hundreds of millions.

Generational Genetic-Based Harms

Genetic-Based Diseases, Conditions, and Challenges Arising from the American Negro Sexual Genocide

As a result of acts of forcible rape and forcible incestuous rape in which children were conceived, certain genetic variants were inserted, deleted, and amplified within the population of enslaved American Negroes. Steven J. Micheletti et al., Genetic Consequences of the Transatlantic Slave Trade in the Americas, 107 American Journal of Human Genetics 265, 270–274 (2020); Katarzyna Bryc et al., The Genetic Ancestry of African Americans, Latinos, and European Americans Across the United States, 96 American Journal of Human Genetics 37, 42–43, 49 (2015); Fouad Zakharia et al., Characterizing the Admixed African Ancestry of African Americans, 10 Genome Biology R141 (2009); and Joanne M. Lind et al., Elevated Male European and Female African Contributions to the Genomes of African American Individuals, 120 Human Genetics 713, 716–720 (2007).


Some of these genetic variants have contributed to, are contributing to, and continue to contribute to genetic-based diseases, conditions, and health challenges in the descendants of enslaved American Negroes. Nathan Nakatsuka et al., Two Genetic Variants Explain the Association of European Ancestry with Multiple Sclerosis Risk in African-Americans, 10 Scientific Reports (October 9, 2020).

Holding the United States Accountable for Sanctioning the American Negro Sexual Genocide

Fortson v. United States of America (Case #: 1:25-cv-02058-EHM) is a pro se action filed on December 3, 2025, in the United States Court of Federal Claims. The case seeks restitution for the sexual violence inflicted on enslaved American Negroes between approximately 1790 and 1865 and for the generational genetic-based diseases, conditions, and challenges arising from these acts.

Case documents

Plaintiff's Complaint

To read Plaintiff's Complaint (filed on December 3, 2025) click here.

Defendant's Motion to Dismiss

To read Defendant's Motion to Dismiss (filed on January 14, 2026) click here.

Plaintiff's Response

Plaintiff's Response

To read Plaintiff's Response in Opposition to Defendant's Motion to Dismiss (filed on February 10, 2026) click here.

Defendant's Reply

Defendant's Reply

Plaintiff's Response

To read Defendant's Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss (filed on February 23, 2026) click here.

Court's Decision

Defendant's Reply

Court's Decision

Awaiting the Court's ruling on Defendant's Motion to Dismiss. 

Frequently Asked Questions

See the Statement of Facts section of Plaintiff's Complaint, pages 5–24.


In the United States, the term "African American" has evolved from an ethnic lineage term identifying enslaved American Negroes and their descendants to a broader racial term that includes anyone with African ancestry living in the United States. To distinguish the specific population of enslaved American Negroes and their descendants from other groups, the term "Foundational Black American" is used in this case. 


Yes. Entities that participated in the trafficking of enslaved American Negroes, directly or indirectly, enabled the furtherance of the American Negro Sexual Genocide. These entities include African empires/nations (e.g., Ghana, Benin, and Nigeria), European nations (e.g., Great Britain), states, Native American tribes, banking institutions, and others. See pages 33-36 of Plaintiff's Complaint.


Wendell S. Fortson, II, J.D., Ph.D., is the plaintiff in Fortson v. United States of America. Dr. Fortson is a Foundational Black American. His maternal lineage traces to North Carolina, and his paternal lineage traces to Virginia and Texas. He is an expert in identifying legal implications and risks associated with genetic research and genetic information. 


Dr. Fortson received a Bachelor of Science (B.S.) in Biology from Tennessee State University, a Juris Doctor (J.D.) from North Carolina Central University School of Law, and a Doctor of Philosophy (Ph.D.) in Biomedical Sciences (Cancer Biology) from Morehouse School of Medicine. He completed a postdoctoral fellowship at UNC-Chapel Hill School of Medicine in the Center for Genomic and Society, where he researched the ethical, legal, and social implications of genetic research.


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