A former female member of the Royal Navy, who alleges she was sexually assaulted by a colleague, claims the military court system is “set up to fail” alleged victims of sexual offences. The woman, known as Jo (a pseudonym), says she was raped on two separate occasions during her service, though she did not report the incidents at the time. Later, when she did report a sexual assault, the accused man was found not guilty following a court martial trial, a result Jo said she fully expected.
Jo’s account is part of an exclusive investigation highlighting the lower conviction rates in court martial trials for sexual assault cases compared to the civilian justice system. The investigation shows that in the last five years, only a third of sexual assault cases in the military courts resulted in a guilty verdict, compared to nearly 60% in civilian courts. In 2023, the conviction rate for sexual assault in civilian courts was twice as high as in military trials.
The court martial system differs from civilian courts. Instead of a jury, the case is heard by a Board composed of senior military officers, who decide the verdict. This system, Jo claims, makes it difficult for victims to have a fair trial, especially in an environment where military culture is often seen as an “old boys’ club.”
The law has changed recently to allow victims to express a preference on whether their case is handled by the military or civilian courts, though this was not the case when Jo served. During her time in the Navy, she was compelled to go through the court martial system, where she felt her case would inevitably fail.
Paula Edwards, CEO of the charity Salute Her UK, which supports female veterans, and Emma Norton, Director of the Centre for Military Justice, both advocate for a change in the law to ensure that serious cases of rape and sexual assault are handled by civilian authorities rather than military ones. They argue that civilian courts, particularly with juries, are more likely to convict perpetrators of sexual violence.
Jo, now diagnosed with terminal cancer, urges women considering military service to be aware of the challenges they may face. She encourages prospective recruits to “do their research” to protect themselves, reflecting on how her aspirations were “blown apart” during her time in the Navy.
This investigation comes just a week after a coroner ruled that the death of Royal Artillery Gunner Jaysley Beck, who had reported a sexual assault, was partly caused by the Army’s mishandling of her complaint. Beck, 19, was found dead in December 2021, and the coroner concluded that the handling of her sexual assault complaint contributed to her death.
The Ministry of Defence (MOD) responded by emphasizing that sexual assault and other criminal offences are taken seriously within the Armed Forces. They pointed to several initiatives, such as the Victim Witness Care Unit, which provides independent advice and support to victims. However, advocacy groups argue that more needs to be done to ensure that victims feel safe and supported when reporting such crimes within the military.
