Sexual offences in the Armed Forces
THEArmed Forces are investigating an increasing number of sexual offence allegations - but a charity has warned these cases should be being dealt with by civilian authorities.
New figures from the Ministry of Defence reveal there were 178 investigations into sexual offences dealt with by the Service Justice System in 2019.
The number only includes investigations made by the Service Police - there are no figures available on the number of Armed Forces personnel prosecuted for sexual offences by the civilian authorities.
The 178 investigations that took place in 2019 were up from 153 in 2018 and 135 in 2017.
The increase may represent more people coming forward, or a greater willingness from the Service Police to investigate, rather than an actual increase in offences.
However, the Centre for Military Justice - a charity offering free, independent legal advice to people in the Armed Forces - has warned that this is not a positive development, as they believe most of these cases should be handled by the civilian authorities.
Emma Norton, CEO of the Centre for Military Justice, said: “Victims should certainly be encouraged to come forward, but these cases shouldn’t automatically be dealt with by the service justice system.
“Service police and prosecutors lack the expertise to handle these cases correctly, and we see cases where victims describe dealing with officials that have insufficient experience and qualifications and a basic lack of understanding - and this can lead to really worrying errors.
“We want these cases to be dealt with by civilian police and courts, who are much better equipped to deal with sexual offences as they handle these types of crime on a daily basis.
“The MoD says they are looking to improve services and they are moving in the right direction - but as long as the fundamentals remain flawed, this is just tinkering around the edges.”
A recent Service Justice System Review commissioned by the MoD also recommended that cases of rape and sexual assault with penetration be dealt with by the civilian authorities - noting significant differences in outcomes for rape cases in the military system compared to the civilian one.
Just 4% of rape cases that go to trial at court martial results in a conviction - compared to a rate in the mid to high 50% range in the Crown Court.
However, the suggestion was rejected by the MoD.
Meanwhile, there is concern that there are many other sexual offence allegations investigated by military police that are not reported in official figures.
Because the data is limited to offences found in the Sexual Offences Act of 2003, it does not include four types of sexual offences, including possession of extreme pornography, possession or creation of indecent images of children and stalking involving fear of violence.
A Freedom of Information request made by the BBC and the human rights organisation Liberty last year suggested at least 60 investigations into such types of alleged sexual offences were unreported in the official sexual offences figures for 2017 and 2018.
The Centre for Military Justice said the fact that certain sexual offences continue to be omitted from the official figures is “hugely concerning”.
They said they have not received any explanation from the MoD as to why this is the case.
The figures come nearly a year after a government review into inappropriate behaviour in the Armed Forces was commissioned, following allegations of a sexual assault against a teenage female soldier.
The ensuing report found the military suffers from unacceptable levels of sexual offences because of a pack mentality among the mostly white, middle-aged men who make up the senior ranks.
It said there have been “repeated suggestions” that those in the military are not reporting inappropriate behaviour because they fear the consequences of doing so.
In response, the MoD announced the Defence Authority will have a role in investigating allegations such as sexual harassment, and give personnel greater opportunities to make complaints anonymously.
Other measures included new compulsory diversity and inclusion training and a harassment survey will also be introduced in 2021 as part of a “shift in culture”.
An MOD spokesperson said: “Sexual offending in any form is not tolerated in the Armed Forces, and we urge any victim of abuse, whether serving or veteran, to come forward.
“We remain committed to making the Service Justice System a more effective service for victims and witnesses, and are continuing to improve our training and working relationship with the civilian police.
“We also continue to assess recommendations made in the recent review of the system, including establishing a new team to ensure complaints are dealt with quickly. They are working to improve our data analysis and expand our programme of Active Bystander training so that anyone who sees unacceptable behaviour knows how to deal with it.”