Plain-English summary
Court rules prosecutions for alleged military rapes from 1986–2006 were timely under the UCMJ
The Supreme Court reversed the Court of Appeals for the Armed Forces, holding that prosecutions for rape that occurred between 1986 and 2006 were timely under the Uniform Code of Military Justice (UCMJ). The Court concluded the statute of limitations did not bar those prosecutions.
Why this matters
The decision clarifies how the military’s criminal code applies to sexual assault allegations that happened before Congress amended the UCMJ in 2006. It affects many pending and past military sexual-assault prosecutions by confirming that a five-year limitations period does not automatically bar prosecutions for those historical offenses.
Who may feel it
- Service members accused of sexual assault for conduct occurring between 1986 and 2006
- Survivors of alleged military sexual assaults from that period
- Military prosecutors and defense counsel
- Military justice policymakers and commanders
Key questions
- Does the UCMJ permit prosecution of rape that occurred between 1986 and 2006 only if the offense was discovered and charged within five years?
- How should the UCMJ’s statute of limitations apply to alleged sexual assaults that predate reforms to military law made in 2006?