United States v. Captain JASON M. ALSTON

OPINION OF THE COURT

WOLFE, Judge:

We address three issues in this appeal. First, we address appellant’s assigned error that the military judge erroneously excluded evidence offered pursuant to Military Rule of Evidence [hereinafter Mil. R. Evid.] 412. The military judge excluded evidence that the victim was in a romantic relationship at the time of the assault. We hold the existence of a romantic relationship is not “sexual behavior” or “predisposition” under Mil. R. Evid. 412. Nonetheless, we assess the exclusion of that evidence in this case to have been harmless error. Second, we address…