CSPAN3 Military Response To Sexual Assaults Part 2 November 25, 2014
Armed forces has recently, in a line of cases and their progeny, cast doubt as to the constitutionality of this provision as applied in a criminal setting. The court of appeals has, in a rather expansive dicta, said that notwithstanding the plain text of the military rule of evidence, which requires the judge to do this balancing test, that the privacy interests of a victim, the danger of unfair prejudice to a victims privacy interests, will never trump the introduction of evidence that is material to the defense and favorable to the defense at trial. That is, the constitutional right to prese...