Statute of limitations is suspended during the time of war and for three years after the termination of hostilities. Art. 43(f). “Time of War.” United States v. Swain, 27 C.M.R. 111 (C.M.A. 1958). Korean Conflict constituted a time of war for purposes of Article 43(f)).
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At the time of some of the offenses, there was no statute of limitations under the Uniform Code of Military Justice. However, a February ruling by the military’s highest court set the statute of limitations on rape cases at five years.
Statute of limitations (a) A person charged with absence without leave or missing movement in time of war, with murder, rape or sexual assault, or rape or sexual assault of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.
Similarly, Article 43(f) extends the statute of limitations for certain offenses committed during wartime. f) Finally, other statutes may toll the statute limitation under Article 43. See, United States v. Doutry, 48 MJ 102 (1998).
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