Guardian urges alarm over US military justice in Britain after assault

Sarah Steele’s assault by US airman Jacob Wulfson in late 2023 was not handled by British authorities. US military police took control, leading to a court martial in the US for a crime that occurred off-base in England. Downing Street called the lack of involvement by the Crown Prosecution Service “very concerning.” Steele waived her anonymity to describe the experience as “distressing and degrading.”

Wulfson was convicted of strangling an intimate partner but acquitted of sexual assault and “aggravated sexual contact” by an all-male panel at RAF Lakenheath. Legal experts suggest the latter charge might have been classified as rape in a British court. Steele faced invasive questioning, while her attacker chose not to testify. Over 12,000 US personnel are stationed in Britain, with a 1951 agreement allowing the US to prosecute crimes committed on duty or against dependents. The agreement’s wording permits US jurisdiction even in cases where crimes occur off-base, provided the perpetrator was on duty, a nuance that has raised concerns about the scope of American legal authority in the UK.

The agreement’s scope raises concerns. A British citizen killed in a collision off-base would still fall under US jurisdiction if the driver was on duty. British police and prosecutors typically have first claim in such cases, but US authorities often take over. A US air force expert notes British authorities often grant “favorable” consideration to US requests, allowing military control. This dynamic has been criticized for creating a de facto preference for US legal processes, even when British victims are involved, and has led to calls for clearer boundaries in how cases are transferred or handled.

The outlet identified numerous courts martial convictions in the UK over a decade, including for child sexual abuse, violent attacks, and drink-driving. Many involved British victims and occurred outside US bases. Experts argue British authorities should be more cautious about transferring cases to the US. Dr. Steele urged police to consult victims before relinquishing cases and to document decisions formally. The lack of a centralized record of such cases has been cited as a critical gap, with British officials and advocacy groups emphasizing the need for transparency and accountability in how cases are managed and reported.

A central record of such cases and their outcomes is needed. The lack of detailed reporting on outcomes and the absence of mechanisms to ensure host nations’ interests are prioritized have fueled demands for structural reforms, including independent oversight.