United States v. Siroky

OPINION OF THE COURT UPON RECONSIDERATION

BECKER, Judge:

This case requires us to again examine the limits of the so-called “medical exception” to the hearsay rule, codified at Mil.R.Evid. 803(4), as it applies in eases of alleged sexual child abuse. We previously released our opinion as a panel decision on 2 May 1995.1 On our own motion we have reconsidered our decision en banc. We adhere to our original decision.

Despite his pleas, members convicted the appellant of one specification of rape of his infant daughter (in violation of Article 120, UCMJ2), one specification of sodomy of the…