for rape in the military? I know it goes state to state. But is there one for the military? So if Marine raped a girl underage...what is the statute for that? 

I think they could get him on "conduct unbecoming" versus a rape charge. I would also tend to believe that the Statute for the state would weigh in on what the military does.

Interesting question. 

The statute for the state wouldn't make a difference. Conduct unbecoming would probably be charged but not in place of a rape charge. 

and the statute of limitations (if there IS one) can be found in the UCMJ. 

There is a case here where a guy in the Navy killed a guy, the state found him innocent, the militrary is now charging him.
I don't think there is a SoL when dealing with the military. 

That is an interesting question and would like to know the answer to this as well...got me all curious now 

UCMJ Statute of limitations

843. ARTICLE 43. Statute of limitations
07. Trial Procedure


(a) A person charged with absence without leave or missing movement in time of war, with murder, rape, or rape of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.
(b)
(1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

 

Think I might be wrong......UCMJ 

The military DOES have SOL's for various offenses but you have to dig into the UCMJ to find them. I know for sexual harassment, you have to report it within 6 months of it occurring. That's the SOL for that particular offense. 

the person can be charged by the military and then by the state because there are two separate jurisdictions, although, normally it's one or the other and not both. The state normally charges only if it occurred in there jurisdiction and not on base which is federal jurisdiction. 

(a) A person charged with absence without leave or missing movement in time of war, with murder, rape, or rape of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation. 

I looked on that one website and it states persons under 16. So I guess 16 and 17 is not rape? 

I think at 16 and 17 they consider the girl old enough to give consent.

The case here happened at a bar out in town. The military even said it was very unusual. What it comes down to is they feel the guy is guilty and since the civie court couldn't punish him, they can. 

Which website Boom?

There are two different rape charges listed in the UCMJ - rape and rape of a child. 

Yea everything under 16. Are there rules for Recruiters sleeping with underage kids at the school the work at? 

Probably would fall under rape of a child.

In the civi world also called statutory rape. 

There is a case right now where one officer raped another out here in afghan over 18months ago, but she didnt report it till a year after it occurred and he switched commands because he was a higher rank and she was scared of the backlash. It is under investigation right now. I've heard of cases from 3-4years prior still being charged as well.

As far as recruiters go im not sure what the actual law is, i'll get back to you on it but i know of enough guys to lose careers over it that they are not authorized to sleep with ANY highschool student regardless of age. An 18year old senior is still off limits while still in school. 

But also realize the military wont charge someone on another person word. A confession from the victim is not enough. There has to be solid material proof. We have a guy whose wife has cheated on him while we're deployed, the guy she cheated with told her husband himself, and said he was sorry she said that they had divorced and didnt know. Even with the guilty party admitting he sleep with this guys wife its not enough, without physical evidence or a confession from all parties involved. 

In the military a relationship with a person under the age of 18 isn't allowed (per the UCMJ) so wouldn't that still count? 

I'd call the law office and all, but you know how they are when you get them on the phone...ummm I dunno ma'am. Let me forward you to someone else. Then you get their voice mail, and never hear from them again. 

I would say the military can do just about anything it wants whenever it warnts. Persecute innocent people and ruin careers and hide deviants of high rank long enough for them to be able to "retire". 

Boom,

I posted the link to the UCMJ and the portion that relates to rape...

The link is ucmj.us, so I assume it's the actual UCMJ, in it's entirety. 

a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.

(c) Penetration, however slight, is sufficient to complete either of these offenses

There it is...so I guess it is not rape.