How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

1. What is the statute of limitations of a military

Customer Question

1. What is the statute of limitations of a military sexual assault resulting in a pregnancy and late term abortion that occurred in 2003?

2. Can an Army contracted psychologist report this information to your current chain of command without your knowledge or consent?

3. Can the Army CoC report this information to CID and initiate a rape investigation without my consent?

Since I did not disclose this information to CID, I did not cooperate with the investigation and CID concluded insufficient evidence however the 2003 medical records state otherwise (the medical records disappeared from my current medical file but I have a copy) and CID did not have a copy of the medical records.

4. What course of action can I take against the Army psychologist for informing the CoC; the CoC for reporting this to CID; and for CID investigating and creating a report stating insufficient evidence?

My 2003 Senior Rater that redeployed me is now a retired General Officer.  Today, I was notified that I will be medically retired with 19 years and 3 months of service.

Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have some thoughts and am typing them up. A few mins please...

Expert:  P. Simmons replied 5 months ago.

1. What is the statute of limitations of a military sexual assault resulting in a pregnancy and late term abortion that occurred in 2003?

The criminal statute of limitations for sexual assault is 5 years. After 5 years passes it is too late to prosecute under military law. HOWEVER there is no statute of limitations for rape. So it is possible to prosecute a rape allegation, even from 2003.

On the civil side, you only have 2 years. The Federal Tort Claims Act (FTCA) requires that lawsuits against the US or its employees be filed within 2 years.

2. Can an Army contracted psychologist report this information to your current chain of command without your knowledge or consent?

Yes, the rules allow the doctor to report a crime that has been alleged. The command (the military) can prosecute even if you do not want them to do so. IT is possible under the UCMJ (military justice code). There is no legal requirement for consent.

3. Can the Army CoC report this information to CID and initiate a rape investigation without my consent?

Since I did not disclose this information to CID, I did not cooperate with the investigation and CID concluded insufficient evidence however the 2003 medical records state otherwise (the medical records disappeared from my current medical file but I have a copy) and CID did not have a copy of the medical records.

Yes. As I explain above, there is no requirement that you consent to a criminal prosecution. The decision for prosecution under military law rests with the commander.

4. What course of action can I take against the Army psychologist for informing the CoC; the CoC for reporting this to CID; and for CID investigating and creating a report stating insufficient evidence?

Most likely none. There is no right to privacy regarding reports of criminal misconduct. If you claimed that a crime was committed, that information can be used to investigate. Period.

Expert:  P. Simmons replied 5 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil

Related Military Law Questions