When women in the military speak up, are they really heard by the justice system?

At Bolt Burdon Kemp, our military manifesto is clear: protecting those who protect us.

That commitment must include protecting women in the Armed Forces and those connected to service life, and ensuring their voices are truly heard when they report sexual abuse or inappropriate sexual behaviour.

A recent case involving an Army Captain has raised difficult but important questions about whether the military justice system always achieves that aim.

At an Army Christmas event, a woman said she was touched inappropriately by another attendee. Her partner, an Army Captain, raised the issue with senior officers. Later that evening, he physically confronted the man involved and was subsequently prosecuted and punished for fighting.

The judge made clear that violence could not be condoned and few would disagree with that. However, concern has arisen from reports that the court focused heavily on alcohol consumption, telling the Captain to “curb his drinking”, rather than openly engaging with the allegation of inappropriate touching that led to the confrontation.

Why this matters for women

For many women, particularly in military or male-dominated environments, reporting sexual abuse or unwanted sexual contact already feels like a risk.

Women often worry about:

• Not being believed
• Being minimised or dismissed
• Being blamed for what follows
• Having their own behaviour scrutinised, instead of the misconduct

When an allegation of inappropriate touching appears to be overshadowed by discussions about discipline or alcohol, it can reinforce a damaging perception: that the woman’s experience is secondary to maintaining order.

The moment women stop speaking

For many women reading about this case, the concern will not be about the Captain’s conduct at all.

It will be about this question:

“If I report inappropriate touching, will anyone actually focus on what happened to me, or will the situation quickly become about something else?”

This is often the moment when women decide not to report sexual abuse.

Not because the incident was trivial.

Not because they doubt their own experience.

But because they fear their allegation will be sidelined, reframed, or lost altogether.

In hierarchical and male-dominated environments such as the Armed Forces, that fear can be amplified. Women may feel pressure to stay quiet, avoid being labelled a troublemaker, or protect the careers and reputations of others, sometimes at the expense of their own wellbeing.

Violence is not the answer, but silence is not either

It is important to be clear: violence is never the answer, and physical confrontation cannot be justified. But recognising that does not mean the original allegation should fade into the background.

Two things can and should be true at the same time:

• Unacceptable conduct can be disciplined
• Allegations of sexual abuse or inappropriate touching can be taken seriously, acknowledged, and addressed

When the second is not visible, the message received by many women is simple and troubling: speaking up may come at a cost, with no assurance of being heard.

What does ‘protecting those who protect us’ really mean?

In our Manifesto for Injured People, we have set out important changes needed to support those in our Armed Forces, guided by the principle of ‘protecting those who protect us’. At Bolt Burdon Kemp, we believe protecting those who protect us means more than enforcing discipline. It means:

• Listening to women when they raise concerns about sexual misconduct
• Ensuring allegations are not minimised or overshadowed
• Recognising the courage it takes to speak up
• Challenging systems that unintentionally discourage disclosure

Women in the Armed Forces – and those connected to service life – deserve to know their safety, dignity, and voices matter. Cases like this do more than resolve individual disputes. They shape how women view the system.

If military justice is to command confidence, it must ensure that when women speak up about sexual abuse or inappropriate behaviour, their voices are not lost amid discussions of discipline or inconvenience.

Because protecting those who protect us must include ensuring women feel safe to speak and confident they will be heard when they do, and those who speak up for them are heard and respected.

If you’ve been affected by your service, physically or emotionally, you don’t have to face it alone.

Our specialist military claims team approaches each enquiry with empathy, respect and a genuine understanding of the challenges service personnel and veterans can face.

Your story matters, and you deserve support you can trust.