A statute of limitation is a law that restricts the time in which the government can prosecute a person for a crime they committed. Generally, most lawsuits should be filed within a prescribed period, and once the time elapses, the legal claim becomes illegal. In this blog post, we discuss the statute of limitations and how it works.
Understanding a Statute of Limitations
The statute of limitations provision is often applied in civil law systems. In most cases, the time provided under a statute of limitations varies according to the nature and scope of the offense. For instance, some states offer two years of statutes of limitations for medical malpractice claims. If this time expires, you can no longer file a medical malpractice lawsuit.
Criminal cases can have a similar time limit, but crimes involving severe offenses, such as murder, virtually have no statute of limitations. Also, sex crimes involving children or violent offenses like arson or kidnapping have no time limit under a statute of limitations.
Statute of Limitations for Sexual Assault Cases in the Military
Generally, military sexual assault cases have no statute of limitations. The Uniform Code of Military Justice – UCMJ states that a military crime punishable by death can be petitioned and convicted at any time without deadlines. The code was enacted in 1950. Subsequently, Article 43b provided a three-year time limit for some offenses, including kidnapping and rape.
In the case of Coker vs. Georgia (1977), the Supreme Court issued an opinion that the death penalty was cruel punishment for a civilian defendant charged for raping an adult. However, Article 120 of the Uniform Code of Military Justice still held that military sexual offenses were punishable by death and had no statute of limitations. According to this article, military rape crimes disrupt discipline and good order and can cause detrimental international implications.
Over the years, there have been significant changes to this law, which led to the 2020 most significant ruling of no statute of limitations. The US Supreme court issued a ruling that reinstated the judgment of Briggs along with two other military members charged with rape in 2018.
Ultimately, the justices acknowledged that the UCMJ supported the government’s provision that military rape is prosecuted by death and is not subject to any time limit. They further agreed that the statute of limitations should remain in place to maintain order and discipline in the military service.
Hiring A Military Sexual Assault Attorney
If you are facing military charges for sexual offense, it helps to understand how the law works. Golden Law Inc., will be glad to fight for your rights and represent you in court. Call us at (949) 391-1602 for a free consultation.
