Brief Fact Summary. Sergeant Bobby L. Knox (Appellant) was convicted of rape and conspiring to commit rape after having intercourse with a woman named Theresa (Victim) at a military base in Japan; Appellant claimed the sexual relations were consensual, and Victim claimed they were not. Appellant appeals his conviction here.
Synopsis of Rule of Law. It is not an abuse of discretion for a trial judge to exclude evidence of past sexual behaviors under Military Rule of Evidence 412, when that evidence is neither material nor relevant.
Issue. Should Appellant be permitted to testify, in his offer of proof under Military rule of Evidence 412(c)(2), about Victim’s alleged promiscuous sexual past?
Held. No; such testimony is neither material nor relevant and it was not error for the trial court to disallow such evidence.
Discussion. The court cites the purpose and rationale of the rule in reaching its holding, stating, “appellant sought to do what [Rule] 412 seeks to prevent: portray an alleged rape victim as a bad person who got no more than she deserved.”