Soldiers accused of rape should be tried in civilian courts, Defence Secretary told

Dame Vera welcomed recent moves by Mr Wallace to challenge the culture of sexist, misogynistic and bullying behaviours in the Army when he met with military leaders.

However, she warned that the failure to switch serious crimes like rape to the civil justice system was “inextricably linked” to wider concerns about military culture and discipline.

Dame Vera pointed to a critical review last year by retired judge Shaun Lyons which recommended court martials should no longer include murder, manslaughter and rape for offences committed in the UK, except when the consent of the attorney general was given.

The Ministry of Defence (MoD) has instead proposed a new protocol of “concurrent jurisdiction”, where military and civilian courts would simultaneously have jurisdiction over a specific case.

However, Dame Vera warned this was a “regrettable” move and lacked clarity when the Lyons review was crystal clear that murder, manslaughter, rape, sexual assault should be dealt with by civil courts.

Civilian system will ‘provide independent support for victims’

She accepted that the civilian system was “not perfect” with prosecution rates that were “inexcusably low”. However, she added: “The civilian system is independent and is able to provide independent support for victims. The work that you have begun will secure the best of the Army whilst removing the worst. 

“Giving victims of rape and sexual assault access to independent, civilian support and justice, will be an important step in ensuring this success.”

An MoD spokesman said that it believed the concurrent jurisdiction was the right approach, with victims having the right to report offences in whichever jurisdiction they chose.

They said that it did not tolerate abuse, bullying, harassment or discrimination, adding: “We will now review the points made by the commissioner in her letter and provide a full response in due course.”

The spokesman added: “We agree wholeheartedly with Vera Baird, that victim’s needs must be fully considered. The service justice system is independent. It’s a tired, inaccuracy to suggest that it’s not.”

“We are committed to improving the experiences for women in the Armed Forces in every area of their lives and do not tolerate abuse, bullying, harassment or discrimination.

 An MoD spokesman said: “We remain convinced that concurrent jurisdiction is the right approach, but also that we need to strengthen the prosecutor protocols and provide some much-needed clarity and transparency on how decisions on jurisdiction are made, recognising that victims have the right to report offences in whichever jurisdiction they choose.

“The Lyons review did not say that murder, manslaughter and rape should be removed from the Service Justice System altogether, only that the consent of the Attorney General should be required for the most serious offences.

“We will now review the points made by the commissioner in her letter and provide a full response in due course.”

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