Posted on Aug 13, 2019
She recorded her rapist's confession. Now, the Supreme Court could hear it.
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"I am sorry. I have been sorry. I will always be sorry for raping you."
In a 20-minute long phone call in 2013, Air Force Lt. Col. Michael Briggs confessed to raping SSgt. "DK" in 2005. After receiving a call from the victim, Briggs detailed how he went to her room after a long night of drinking, pushed himself on her and continued to have sex with her despite pleas for him to stop.
A recording of that call would be played in a military court in 2014. Briggs would be tried by a judge, found guilty and sentenced to five months in prison. He would be dismissed from the Air Force and registered as a sex offender.
It was understood, based on military law and reinforced through legal precedent, that there was no statute of limitations for rape in the military. Though the assault occurred in 2005, and Briggs was not accused for eight years, defense counsel did not even raise the issue of statute of limitations at trial.
But last year, the top military appeals court came to a different understanding. When presented with a separate rape charge brought years after an alleged incident, it found that a five-year statute of limitations existed before 2006. The decision eventually led to Briggs' rape conviction -- and the convictions of at least three other service members - being vacated.
In a 20-minute long phone call in 2013, Air Force Lt. Col. Michael Briggs confessed to raping SSgt. "DK" in 2005. After receiving a call from the victim, Briggs detailed how he went to her room after a long night of drinking, pushed himself on her and continued to have sex with her despite pleas for him to stop.
A recording of that call would be played in a military court in 2014. Briggs would be tried by a judge, found guilty and sentenced to five months in prison. He would be dismissed from the Air Force and registered as a sex offender.
It was understood, based on military law and reinforced through legal precedent, that there was no statute of limitations for rape in the military. Though the assault occurred in 2005, and Briggs was not accused for eight years, defense counsel did not even raise the issue of statute of limitations at trial.
But last year, the top military appeals court came to a different understanding. When presented with a separate rape charge brought years after an alleged incident, it found that a five-year statute of limitations existed before 2006. The decision eventually led to Briggs' rape conviction -- and the convictions of at least three other service members - being vacated.
She recorded her rapist's confession. Now, the Supreme Court could hear it.
Posted from cnn.com
Sexual Assault
Court Martial
Supreme Court
Law
Posted >1 y ago
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I've always thought there should not be statue limits in criminal cases.
If a person commits a felony what does time have to do with anything?
Cases of rape, incest and other instances of sexual abuse such as in the myriad of cases involving the Catholic church go unreported for decades. Time does not heal those wounds yet our system of justice is sufficiently insensitive to that for apparently no better reason than to keep docket loads somewhat manageable.
The officer in this case received a light sentence in my view and then no sentence at all which legally is the correct decision but a moral aberration.
Thanks for posting this Chip and have a great day!
If a person commits a felony what does time have to do with anything?
Cases of rape, incest and other instances of sexual abuse such as in the myriad of cases involving the Catholic church go unreported for decades. Time does not heal those wounds yet our system of justice is sufficiently insensitive to that for apparently no better reason than to keep docket loads somewhat manageable.
The officer in this case received a light sentence in my view and then no sentence at all which legally is the correct decision but a moral aberration.
Thanks for posting this Chip and have a great day!
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