United States v. Sergeant FRANCIS A. CARISTA

OPINION OF THE COURT

WOLFE, Judge:

The victim in this case is a ten year-old girl named JG. In class one day, JG’s teacher noticed her scratching or rubbing her groin. The teacher pulled her into the hallway to discuss what she was doing. In response to her teacher’s questions, JG told her teacher she had been molested by appellant.

At trial, the government introduced the teacher’s testimony that JG’s behavior in class was “masturbation.” The defense objected and argued that the evidence of masturbation was “sexual behavior” by the victim, which was covered by Military Rule of Evidence…