[20210104]LSB10557_最高法院审议军事强奸案件的诉讼时效.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i 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 limitationsthe time after which an offense cannot be punishedwas 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 UCMJs terms and, accordingly, there was no statute of limitations between 1986 and 2006. This Sidebar begins by discussing the relevant legislative hist