United States v. Briggs

The case asks whether military rape charges tied to conduct from 1986 to 2006 were brought on time under the Uniform Code of Military Justice. The fight is over whether rape counted as an offense "punishable by death," which would mean there was no filing deadline, even though the Constitution barred the death penalty for raping an adult woman.

The case is still pending, and oral argument has not been scheduled. The government says rape was still an offense "punishable by death" under the military code, while the lower military court said a five-year limit applied to these charges.

The answer could decide whether old military rape cases may go forward or must be thrown out as too late. That directly affects service members accused in older cases and victims seeking prosecution years after the alleged crime.

The next sign of movement would be oral argument or another scheduling step from the Court. No decision window is available yet.

The Court is being asked whether older military rape charges were filed within the proper time limit. The key issue is whether those offenses counted as "punishable by death" under military law.

It could affect many older military sexual-assault prosecutions from the 1986-to-2006 period. Some cases could continue, while others could be barred as filed too late.

Watch for the Court to schedule oral argument or take another formal step. Until then, there is no announced timetable for a decision.