Military rape charge deadlines
United States v. Briggs
In brief
The Supreme Court said the prosecutions were filed in time, overturned the military appeals court’s ruling (reversed), and sent the case back to that court (remanded).
- Where it stands
- Decided
Decided 8-0 · December 10, 2020 · Opinion by Justice Alito
- What it’s about
- The Supreme Court ruled that Michael Briggs’s military rape prosecution was timely under the Uniform Code of Military Justice (UCMJ), even though it began more than five years after the alleged conduct.
- Who it affects
- The ruling means the five-year filing limit did not bar the prosecutions at issue. It resolves the timing question, but the decision does not specify the other steps still needed in the case.
Summary: written with AI from the case record.
What it's about
It overturned the Court of Appeals for the Armed Forces and sent the case back to the lower court (reversed and remanded), deciding that the UCMJ’s no-deadline rule for offenses “punishable by death” covered rape.
The broader issue was whether the UCMJ treated rape as an offense legally subject to the death penalty for filing purposes, despite the Constitution barring that punishment for raping an adult woman.
Question presented
Whether the Court of Appeals for the Armed Forces erred in concluding-contrary to its own longstanding precedent-that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.
What the Court decided
Holding
Respondents’ prosecutions for rape under the UCMJ were timely. No. 19–108, 78 M. J. 289
- Result
- Reversed
The vote
What's next
The case returns to the Court of Appeals for the Armed Forces for further proceedings under the Supreme Court’s ruling.
Documents
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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More questions
- What did United States v. Briggs decide?
- The Supreme Court found the rape prosecutions timely under the UCMJ. It overturned the military appeals court’s ruling and sent the case back.
- How did the five-year limit affect United States v. Briggs?
- If rape counted as legally subject to the death penalty, the UCMJ imposed no time limit. Otherwise, the offenses had to be discovered and charged within five years.
- Was the decision unanimous in United States v. Briggs?
- Yes. The vote was 8-0; Justice Gorsuch wrote separately, and Justice Barrett took no part.
- What happens next for the Briggs case?
- The case returns to the Court of Appeals for the Armed Forces for the next steps under the Supreme Court’s ruling.
- What remains unresolved in United States v. Briggs?
- The Court resolved the timing question. Its action sent the case back but did not identify the remaining case-specific issues.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.