Posted on Mar 2, 2021
If a soldier was sexually abused in the military how long can this issue be investigated?
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Posted in these groups: 
Sexual Assault
Sexual Assault
Posted 4 y ago
Responses: 2
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Due to a recent Supreme Court decision, "In an 8-0 opinion issued Thursday, the U.S. Supreme Court ruled that military personnel accused of a rape between 1986 and 2006 -- a period previously subject to a five-year statute of limitations -- can be charged for the crime."
"Prior to 1996, the UCMJ held that rape was a crime punishable by death and therefore had no time limit for prosecuting the crime. A 1998 CAAF ruling established the five-year time limit, which remained in place until Congress moved to abolish it in 2006."
https://www.military.com/daily-news/2020/12/10/military-rape-cases-have-no-statute-of-limitations-supreme-court-decides.html
If it is a case that happened years ago, it can be investigated. Getting a conviction may be harder if there is no physical evidence though.
I suggest that if you or someone you know was sexually assaulted to report it to law enforcement if you would like it investigated. Also go seek out a victim advocate. I see you are listed as veteran so either the VA should have victim advocates or there are Victim Witness programs at every courthouse or the majority.
"Prior to 1996, the UCMJ held that rape was a crime punishable by death and therefore had no time limit for prosecuting the crime. A 1998 CAAF ruling established the five-year time limit, which remained in place until Congress moved to abolish it in 2006."
https://www.military.com/daily-news/2020/12/10/military-rape-cases-have-no-statute-of-limitations-supreme-court-decides.html
If it is a case that happened years ago, it can be investigated. Getting a conviction may be harder if there is no physical evidence though.
I suggest that if you or someone you know was sexually assaulted to report it to law enforcement if you would like it investigated. Also go seek out a victim advocate. I see you are listed as veteran so either the VA should have victim advocates or there are Victim Witness programs at every courthouse or the majority.
Military Rape Cases Have No Statute of Limitations, Supreme Court Decides
In a unanimous decision, the U.S. Supreme Court agreed the crime of rape in the military has no time limit for prosecution.
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SFC Kelly Fuerhoff
PFC James Graham - Unfortunately, I would say it's unlikely that you'll get a criminal conviction out of a case from 1971. You can report it. If it was off base, it's up to LE there. If it was on base, it's up to CID how they handle it.
I was a BN and BDE SARC. I had cases where someone didn't report for two weeks and it was ruled unsubstantiated due to lack of physical evidence, conflicting statements from people who were there, etc. I did hear about a case they investigated that a soldier reported during some part of ETSing that an Iraqi SGM sexually assaulted them. CID investigated but they couldn't find any witnesses. They couldn't even find that Iraqi SGM either. But they did look into it. I don't know if that's everywhere though.
If anything, report it to the VA. At most you could get MST treatment even though a criminal conviction is highly unlikely at this point.
I was a BN and BDE SARC. I had cases where someone didn't report for two weeks and it was ruled unsubstantiated due to lack of physical evidence, conflicting statements from people who were there, etc. I did hear about a case they investigated that a soldier reported during some part of ETSing that an Iraqi SGM sexually assaulted them. CID investigated but they couldn't find any witnesses. They couldn't even find that Iraqi SGM either. But they did look into it. I don't know if that's everywhere though.
If anything, report it to the VA. At most you could get MST treatment even though a criminal conviction is highly unlikely at this point.
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SFC Kelly Fuerhoff
SGT Christopher Hayden - Rape can be punishable by death in UCMJ: "the justices said the Uniform Code of Military Justice favored the government's interpretation that military rape cases are "punishable by death" so it shouldn't have a statute of limitations.
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If you or someone else is reporting a crime you should contact the previous command/base and local law enforcement for assistance. They are the subject matter experts and will be able to assist you with the details to include statute of limitations. You can also report this to the VA to get treatment for MST. I wish I could do more but with the limited information that is the best I can recommend at the moment. Good luck.
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