Commanding Officers Will No Longer Able To Investigate Sexual Assaults

A major change to the law by the government means commanding officers in the British Armed Forces can no longer investigate soldiers' allegations of sexual assault themselves. 

Under current law, Commanding Officers are able to deal internally with allegations of sexual and indecent assault, voyeurism and exposure. 

The proposed change to the Armed Forces Act 2006 comes after years of campaigning to stop military officers being allowed to investigate without involving the police. 

According to human rights watchdog Liberty, this means "servicemen and women have a far lower degree of protection and far poorer standard of investigation than civilian victims."

They also claim that the Defence Secretary Gavin Williamson has confirmed that the draft legislation has now been laid before Parliament.

A Ministry of Defence spokesperson said of the change: 

"We announced legislation to reform the investigation of sexual assault in November 2016, long before Liberty’s intervention.

"Commanding officers in all three services already make service police aware of any such allegations."

However, they are still under no obligation to refer allegations to civilian police.

It is the Royal Military Police who investigate soldiers' complaints and Liberty says they:

"lack the training and independence necessary to deal with such serious cases."

Liberty originally wrote to the MoD calling for the change in 2014, on the day a fresh inquest opened into the death of Corporal Anne-Marie Ellement.

Royal Military Police (RMP) soldier Anne-Marie took her own life after she accused two fellow RMP soldiers of raping her, and her allegations were investigated by the RMP themselves. 

Sharon Hardy, Cpl Anne-Marie Ellement's sister, said: 

"Victims of sexual assault in the military are entitled to proper support and an independent investigation.

"Under the current system, commanding officers effectively act as judge and jury in these cases, despite having no expertise in investigating allegations of sexual crime."

"It is with a heavy heart that I welcome this news.

"I hope victims of sexual assault will feel safe coming forward in future and the military has learnt from cases like Anne-Marie's."