Uniform Code of Military Justice Consolidated Oral Arguments

U.S. Supreme Court

C-SPAN: The justices were set to decide whether there is a 5-year statute of limitation for rape charges and convictions in the military. This is a consolidated oral argument focusing on the rape convictions of three men who were in the military at the time of the crimes, charges, and prosecution. They argue they shouldn’t have been prosecuted because the Eighth Amendment bars the death penalty in cases that do not result in death and therefore, there is a statute of limitation and it expired before any of them were convicted. The U.S. Court of Appeals for the Armed Forces ruled in favor of the military members. The federal government sought appeal at the Supreme Court arguing there is no statute of limitation because Congress exempted military crimes that can be punished with the death penalty. A ruling could impact existing and future military rape cases.

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