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1 1 (December 04, 2020)

handle is hein.crs/govdctu0001 and id is 1 raw text is: * Congrssoa Research Sevic Supreme Court Considers Statute of Limitations for Military Rape Cases December 4, 2020 In the consolidated cases United States v. Brggs and United States v. Collins, argued on October 13, 2020, the government asks the Supreme Court to overturn two lower court decisions that reversed the rape convictions of three former servicemembers. The cases turn on the proper statute of limitations under the Uniform Code of Military Justice (UCMJ) for prosecuting rapes committed by military servicemembers between 1986 and 2006. Before 1986, the statute of limitations-the time after which an offense cannot be punished-was three years; since 2006, there is no statute of limitations under the UCMJ for rape. But between 1986 and 2006, the length of the statute of limitations depended on whether rape was interpreted as an offense punishable by death under the UCMJ. If rape was punishable by death during this period, as the UCMJ stated at the time, then there was no statute of limitations during that period. If not, then the statute of limitations was five years. This Sidebar begins by discussing the relevant legislative history and judicial interpretations of the UCMJ's statute of limitations and punitive provisions for rape. It then summarizes the factual and procedural history in Briggs and Collins, outlines the parties' arguments before the Supreme Court, and discusses several potentially applicable legal doctrines. The Sidebar concludes with some considerations for Congress. (For more information about courts-martial under the UCMJ, see CRS Report R46503, Military Courts-Martial Under the Military Justice Act of 2016, by Jennifer K. Elsea and Jonathan M. Gaffney. For more information on statutes of limitations in criminal cases, see CRS Report RL31253, Statute of Limitation in Federal Criminal Cases: An Overview, by Charles Doyle. And for more information on the availability of the death penalty for specific federal crimes, see CRS Report R42095, Federal Capital Offenses: An Overview of Substantive and Procedural Law, by Charles Doyle.) The UCMJ: Relevant Legal Background The UCMJ governs crimes committed by military servicemembers. It defines offenses, sets out the jurisdiction and procedures for courts-martial, and as relevant here, sets statutes of limitations and authorizes c ertain punishments, such as the death penalty, for offenses. Three sections of the UCMJ are especially relevant to Briggs and Collins: Article 43 defines the statutes of limitations for offenses under the UCMJ; Congressional Research Service https://crsreports.congress.gov LSB10557 CRS Legal Siebar Prepared for Membersand Commi ----es o Cong rss-----------------------------------

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