What is the statute of limitations on being raped by a current service member against a 15 year old civilian?

PFC Donnie Harold Harris — Tue, 27 Oct 2020 20:35:26 -0400

Kidnaped and raped as a teen by a Sarg. reassigned and awaiting trial for a prior rape. in 1969

Response by SFC Private RallyPoint Member made Oct 27 at 2020 8:39 PM

SFC Private RallyPoint Member — Tue, 27 Oct 2020 20:39:38 -0400

A currently serving SM who had a prior rape in 1969? That would make this SM about 60 years old right now and not currently serving.

Response by SGM Bill Frazer made Oct 27 at 2020 8:46 PM

SGM Bill Frazer — Tue, 27 Oct 2020 20:46:22 -0400

This does not compute, a rape case waiting over 40 yrs?. Really? Nobody asked about, pushed, wrote Congress about it??? This smells.

Response by LTC Jason Mackay made Oct 27 at 2020 8:53 PM

LTC Jason Mackay — Tue, 27 Oct 2020 20:53:28 -0400

There is not anyone on RP that can answer this. Recommend you seek professional legal counsel.

Response by SSG Private RallyPoint Member made Oct 27 at 2020 9:03 PM

SSG Private RallyPoint Member — Tue, 27 Oct 2020 21:03:18 -0400

Im so confused, were you raped by a then service member at the age of 15? if under the age of 18, there is no statute of limitations if reported prior to 18th birthday. If reported after 18th birthday, the odds of getting a conviction are cut in half ten-fold. As for suing, you cant sue the Army.

Response by 1SG Alan Boggs made Oct 27 at 2020 9:12 PM

1SG Alan Boggs — Tue, 27 Oct 2020 21:12:45 -0400

Age 15 in 1969 equals 66 in 2020. A service member 18 in 1969 would be 68 in 2020.

Response by MSgt Don VandeBogert made Oct 27 at 2020 10:41 PM

MSgt Don VandeBogert — Tue, 27 Oct 2020 22:41:20 -0400

A public forum won't get you a resolution on this and the advise here is of no value compared to that of a lawyer. I'd advise contacting one, though I unfortunately doubt you will get the resolution you seek.

Statute of limitations would apply, even through the UCMJ lane. An interesting read from the SCOTUS blog, but yeah...you need a lawyer to see what options, if any, you have.

https://www.google.com/amp/s/http://www.scotusblog.com/2020/03/argument-preview-determining-the-statute-of-limitations-for-military-rape-and-possibly-a-lot-more/amp/

V/R
Bogie

Argument preview: Determining the statute of limitations for military rape - and possibly a lot...

Editor’s note: On March 16, the Supreme Court postponed oral argument in United States v. Briggs and the other cases scheduled for the March sitting, and “will examine the options for rescheduling those cases in due course.” When the Supreme Court entertains argument in United States v. Briggs, whi

Response by LTC Private RallyPoint Member made Oct 28 at 2020 7:57 AM

LTC Private RallyPoint Member — Wed, 28 Oct 2020 07:57:14 -0400

Statute of limitations has long since ran out so there is nothing you can do as far as criminal charges. However, anyone can sue anyone else for literally any, or no, reason in civil court. That said, 51 years is a long time. evidence could be lost, witnesses could have died, etc. It's always a hard sell trying to sue the govt for anything. Personally, I would advise against it after such a long period of time simply because your chances of success are very low and, unless you're rich, you're going to spend a lot of money with little or no return.

Response by SGT Frances Richardson made Oct 28 at 2020 8:55 AM

SGT Frances Richardson — Wed, 28 Oct 2020 08:55:19 -0400

I think the ship has sailed on that. Sorry those things happened to you.

Response by SSgt Christophe Murphy made Oct 28 at 2020 10:16 AM

SSgt Christophe Murphy — Wed, 28 Oct 2020 10:16:44 -0400

From what I can gather from your comments below it seems this happened in Indiana. From what I can find the statute of limitations for Indiana is 5 years. If you speak to a lawyer you may have another angle. Good Luck.