CORE CRIMINAL LAW SUBJECTS: Crimes: Article 120b - Rape and Sexual Assault of a Child (*** post-2012 Amendment)

2017 (October Term)

United States v. Mangahas, 77 M.J. 220 (while under federal law the statute of limitations for rape is five years, 18 USC § 3282, in 2006, Congress amended the statute of limitations in the military, so that a person charged with rape, or rape of a child may be tried and punished at any time without limitation; in 2013, Congress again amended the statute to substitute rape or sexual assault, or rape or sexual assault of a child for rape, or rape of a child). 

2015 (September Term)

United States v. Busch, 75 M.J. 87 (in June 2012, as part of a comprehensive revision of Article 120, Congress created Article 120b, to consolidate the previous offenses of aggravated sexual abuse of a child, aggravated sexual contact with a child, abusive sexual contact with a child, and indecent liberties with a child, into the single offense of sexual abuse of a child; the amendments to Article 120, took effect on June 28, 2012; however, the President did not exercise his Article 56, UCMJ, authority to establish the maximum punishment for the revised offenses until May 15, 2013, when Executive Order No 13,643 (2013), 78 Fed Reg 29559 (May 21, 2013), was signed and published).  

Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site