nm, was just a buggy game so for some reason it didnt kick in even though it was supposed to be.
also to shadow, I know that defense means u hit 2nd, but not being able to form fleets and only being able to hit second is a huge penalty, but nm I did some checking and it seems it was a bugged savegame(I started a new game with same race and tried many turns and the ships seem ok in everyspot).