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1 1 (January 4, 2021)

handle is hein.crs/goveaea0001 and id is 1 raw text is: Congressional ______ **Research Service Supreme Court Considers Statute of Limitations for Military Rape Cases Updated January 4, 2021 In the consolidated cases United States v. Briggs and United States v. Collins, decided on December 10, 2020, the Supreme Court overturned two lower court decisions and reinstated the rape convictions of three former servicemembers. The cases turned on the applicable 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. In its decision, the Court held that rape was punishable by death during this period under the UCMJ's terms and, accordingly, there was no statute of limitations between 1986 and 2006. 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 the Court's decision. 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 of2016, by Jennifer K. Elsea and Jonathan M. Gaffney. For more information on statutes of limitations in criminal cases, see CRS Report RL31253, Statute ofLimitation 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 certain 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 Sidebar Prepared for Members and Committees of Congress

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