Finally, ACCA agrees that MRE 412 applies to the prosecution as well

Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And, finally, what happens when the military judge admits government Mil. R. Evid. 412 evidence without first requiring the government to follow the rule’s procedural requirements? We test for prejudice.

United States v. Carista, No. 20150243 (A. Ct. Crim. App. Jan. 18, 2017).

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