BRITAIN’S military justice system has serious systemic failings, with shockingly low conviction rates for rape and sexual assault, a damning report has found. 

Research by Action on Armed Violence (AOAV) shows a system that routinely downgrades charges, delays justice and fails victims.

Unlike civilians, personnel in Britain’s armed forces are subject to a separate military justice system, which is meant to address both criminal and service-specific offences. 

But AOAV said the system has become “increasingly unfit for purpose” due to decades of failed investigations, inconclusive misconduct inquiries and persistent delays.

The research found that the conviction rate in military courts is 18 per cent lower than in civilian courts, dropping to just 23 per cent for rape cases — compared to 70 per cent in civilian proceedings.

In 2023-24 alone, the Ministry of Defence (MoD) reduced charges in 7 per cent of military court cases. 

Nearly half of those saw criminal offences substituted with disciplinary ones.

Sexual assault was the most common offence subject to these downgrades, with 13 per cent of such charges reclassified as disciplinary offences. 

Among these, six were reduced to “disgraceful conduct of an indecent kind,” while one was written off as “misconduct through alcohol.”

The report also found disturbing leniency in cases involving child sex offences.

In one case, a soldier guilty of possessing indecent images of children received just 240 hours of unpaid work. 

Another soldier, found guilty of sexually assaulting children, was fined £1,000.

Meanwhile, high-ranking officers have evaded accountability, the research found. 

Former Major-General James Roddis — one of the highest-ranking officers to face court martial in two centuries — was initially charged with sexual assault after allegedly kissing a woman and playing with her hair without consent. 

His charge was later reduced to “disgraceful conduct of an indecent kind” after he entered a plea.

AOAV said this downgrade typifies a broader pattern of leniency within the system.

Other instances of charge reductions include cases where assault occasioning actual bodily harm was downgraded to “fighting” and battery reclassified as “using threatening or disrespectful behaviour towards a superior officer.” 

Similarly, AOAV uncovered cases where grievous bodily harm was reduced to assault occasioning actual bodily harm, and two instances where assault by penetration was downgraded to sexual assault.

AOAV has urged the MoD to urgently reform its justice system in order to restore trust, protect victims and ensure justice is applied equally across all ranks. 

It said: “For too long, the UK’s military justice system has operated in a state of denial. 

“Successive governments have prioritised the protection of the armed forces’ image over the delivery of justice. 

“But justice delayed is justice denied — for victims, for the accused, and for the armed forces as a whole. 

“A fair and transparent justice system is not a luxury; it is a necessity for maintaining discipline, morale and public trust in the military.”

Peace Pledge Union remembrance project manager Geoff Tibbs said that the report reveals the “staggering extent of the obfuscation and lack of accountability” in the military justice system. 

“The armed forces are the only institutions in the UK that are allowed to run their own criminal courts and judicial system — a fact that has long allowed them to operate effectively above the law,” he told the Star. 

“We see the consequences in the systemic levels of abuse in the armed forces, including widespread reports of sexual violence and harassment among young recruits.”

A Ministry of Defence spokesperson said: “Unacceptable and criminal behaviour has absolutely no place in our Armed Forces, and we are acting to support victims, investigate allegations, and ensure perpetrators face justice.

“This includes through the Defence Serious Crime Command and Victim Witness Care Unit, and in March Ministers launched a new Violence Against Women and Girls Taskforce.

“It is misleading to compare the civilian and military justice systems. A far higher proportion of cases within the Service Justice System proceed to trial and the comparisons of conviction rates cited are flawed and should not be relied upon.”