Court Martial for Soldier Accused of Raping British Teenager

An Australian soldier accused of raping a British teenager on a beach in Thailand will face a court martial, it was decided today.

Pte Stewart Alpert was on leave at the popular Thai beach resort of Phuket when the alleged attack on the 18-year-old woman happened.

It is claimed he met her at a nightclub before raping her on Patong Beach.

He was charged with rape last year before a general court martial after the woman wrote to Alpert’s regimental commander in Australia. It was unclear why he was not charged under Thai law.

Today, he lost his bid today in Australia’s highest court to avoid a court martial.

The High Court ruled in a 4-3 decision that parliament had the constitutional power to make a crime committed by a soldier on leave overseas a breach of Australian defence law.

Alpert, who had been stationed at the Butterworth Australian Air Force base in Malaysia in 2001, had challenged the validity of defence law that made his alleged conduct a military offence.

He argued that the constitution did not authorise parliament to make laws criminalising soldiers’ conduct during leave when they were serving overseas.

Alpert travelled to Phuket from the base on a civilian passport, wore civilian clothes and paid his own way.

But the court ruled that parliament had the power to extend the defence force code of behaviour to soldiers on leave overseas and to permit the trial on the rape charge.

A date for the court martial has not yet been given.

--PA News 2004-09-09

He was charged with rape last year before a general court martial after the woman wrote to Alpert’s regimental commander in Australia. It was unclear why he was not charged under Thai law.

Yes, that IS strange he isn't being prosecuted here? It'd be interesting to find out how that all transpired.

Thats like eating an old 7 Eleven sandwich at a 5 star restaurant

idiot