United States v. Buenaventura

(concurring in part and dissenting in part):*

I agree with the majority that the principles of Military Rule of Evidence 412 [hereinafter Mil.R.Evid.], in conjunction with Rules 702, 708, and 704, provide an apt framework for analysis concerning the admissibility of evidence regarding sexual abuse by the child victim’s grandfather and expert witness testimony from the clinical psychologist who appeared during the appellant’s court-martial. I disagree, however, with the conclusion of the majority regarding the admissibility of that evidence.

The purpose of Mil.R.Evid. 412 is to shield victims of…