Why US military prosecutes alleged rapes of women in UK as ‘sexual assaults’
Summary
When American military personnel are accused of rape in the UK, they are often prosecuted under U.S. military law, which uses a narrower definition of rape than British law. This means many cases are charged as lesser sexual assault offenses, which some experts say can make survivors feel misunderstood and retraumatized.Key Facts
- Over 12,000 U.S. military personnel are stationed in the UK, mostly in England.
- UK police usually have jurisdiction over crimes off duty but often allow the U.S. military to handle cases involving American personnel.
- The U.S. military uses the Uniform Code of Military Justice (UCMJ) to charge crimes.
- The UCMJ defines rape more narrowly than UK law, requiring proof of force or intoxicants administered against the will of the victim.
- Many cases that would be called rape in the UK are charged as sexual assault under U.S. military law, which has lighter sentences.
- Survivors can find the U.S. military justice process unfamiliar and feel that its language and rules do not fully represent their experience.
- Examples include cases where American airmen were charged with sexual assault rather than rape and faced military panels rather than civilian courts.
- The difference in legal definitions and terminology can be emotionally difficult and confusing for victims.
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