Military justice under scrutiny after ITV documentary on sexual violence
In the documentary, ITV reported there were 85 rape allegations investigated within the Service Justice System in 2025 and, separately, six people were found guilty of rape at court martial during that year. Investigations and trials take place over different periods and the cases concluded in one year will not necessarily relate to allegations reported in that same year.
Official MOD figures show that in adult-rape-flagged Service Police investigations in 2024, the median period between a report being made and referral to prosecutors was 148 days.
During the investigation stage, 24% of victims withdrew. There can be many reasons why a victim chooses not to continue, but a withdrawal rate of almost one in four should still make us question the experience of the person at the centre of that investigation.
Because aside from gathering evidence and prosecuting, justice is about whether the victim feels able to remain engaged with the process long enough to reach that point.
The issue with court martial
If charges are brought, a serious sexual offence may ultimately be tried at court martial.
The court martial is presided over by an independent judge advocate and has many similarities with the civilian crown court. There is, however, one very significant difference – there is no civilian jury. Instead, guilt is determined by a board made up of serving members of the Armed Forces.
In Her Fight, the Director of the Military Court Service defended that system, explaining that board members are screened to ensure they have no connection with the parties involved or prior knowledge of the case. That addresses the question of direct conflict, but what about culture?
Supporters of the current system say service personnel understand military life in a way that civilian jurors do not. But could that familiarity sometimes work the other way? If a case involves heavy drinking, sexualised banter, behaviour within accommodation blocks or conduct which has become normalised within a particular military environment, could those deciding guilt view that behaviour through a different lens because it is familiar to them?
When dealing with offences such as rape and serious sexual assault, it is legitimate to ask whether military experience should be relevant to determining guilt at all.
The aftereffects of sexual assault in the Armed Forces
The criminal process, understandably, focuses upon whether an offence can be proved and whether the accused should be punished. But that process does not necessarily address what the victim has lost. The impact may include far more than the immediate trauma.
The consequences can include psychiatric injury, the loss of a military career and significant long-term financial losses.
This is where the criminal justice process and civil law can diverge.
A criminal acquittal does not automatically mean that no other legal options exist. Criminal proceedings require the prosecution to prove guilt beyond reasonable doubt. Civil claims operate under a different legal framework and evidential standard.
Depending upon the circumstances, a person whose psychiatric health or career has been damaged by sexual assault, harassment or other unacceptable behaviour during military service may need advice about a personal injury claim against the Ministry of Defence, a Service Complaint, Armed Forces compensation or pension issues.
At Bolt Burdon Kemp, our Military Claims Team understands that the conclusion of a criminal investigation or court martial may be only one chapter in what can be a much longer story.
If Her Fight, or the issues discussed in this blog, resonate with you and you’d like to speak to a solicitor about your experiences in the Armed Forces, please do get in touch: natashamason@bbkllp.co.uk.
