United States v. Sanchez

Opinion

CRAWFORD, Judge:

Contrary to his pleas, appellant was convicted of rape, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920. The convening authority approved the sentence of a dishonorable discharge, 36 months’ confinement, partial forfeitures, and reduction to the lowest enlisted grade. The Court of Military Review1 affirmed the findings and sentence. 40 MJ 782 (1994). We granted review on the following issue:2

WHETHER THE MILITARY JUDGE ERRED BY FINDING THE DEFENSE OFFER OF PROOF, REGARDING THE COMPLAINANT’S PRIOR SEXUAL BEHAVIOR, TO BE INSUFFICIENT UNDER…