US military justice in UK: assault case raises alarm over extraterritorial jurisdiction
US military justice in UK: assault case raises alarm

The case of Sarah Steele, a British woman assaulted by US Air Force airman Jacob Wulfson in late 2023, has raised serious questions about the application of US military justice on British soil. Despite the crime occurring off-duty and off-base in an English city, US military police took charge of the investigation, and Wulfson was prosecuted in a US court martial rather than the British justice system.

Case details and legal concerns

Wulfson was convicted of strangling an intimate partner but acquitted of sexual assault and “aggravated sexual contact” by an all-male panel of air force officers stationed at RAF Lakenheath. Legal experts note that the latter offence would likely have been categorised as rape in a British court. Dr Steele waived her anonymity to speak to the Guardian, describing the experience as “distressing and degrading.” She faced invasive and aggressive questioning, while her attacker chose not to testify.

Scope of US jurisdiction in the UK

More than 12,000 US personnel are stationed across 15 bases and facilities in Britain. Under a 1951 agreement, the US prosecutes personnel for offences committed while on duty, against other US personnel, US property, or dependants such as spouses or children. However, the scope is concerning: the death of a British citizen in a collision off-base would still fall under US military jurisdiction if the driver was on duty.

Wide Pickt banner — collaborative shopping lists app for Telegram, phone mockup with grocery list

In practice, US authorities appear to claim wider jurisdiction, and British authorities often comply. They are required to give “sympathetic” consideration to US requests to take over cases, according to a US air force expert. The Guardian identified scores of courts-martial convictions in the UK over the past decade, including for child sexual abuse, violent attacks, and drink-driving, many involving British victims off-base.

Calls for reform and transparency

Downing Street described the case as “very concerning,” and the Ministry of Justice has said it will investigate. Dr Steele has urged that police seek victims’ views before relinquishing cases and formally record their decisions. She also calls for a central record of such cases and their outcomes. The US military publishes a docket of forthcoming courts-martial but offers no further detail beyond alleged offences and convictions.

Experts argue that British authorities should be warier of passing cases to the US military and more accountable and transparent when they do so. The current US administration is resistant to calls for military transparency or accountability, but overseas bases face increasing scrutiny. In the long term, maintaining public acceptance of these facilities may require greater oversight.

Pickt after-article banner — collaborative shopping lists app with family illustration