U.S. v. Watt, 50 M.J. 102

Military Justice Personnel: Military Judge: Conduct/Misconduct

1. the military judge’s duties to ensure a fair trial, to avoid the appearance of partiality, to remain impartial, and to not assist in the conviction of an accused call upon a military judge to strike a delicate balance when he seeks to obtain evidence not presented by the parties and question witnesses
2. military judge abandoned his impartial role and assisted in the conviction of the accused when he prohibited the accused from testifying about the victim’s sexual reputation, posed questions to the accused which required the accused to say that he could not answer because of the judge’s ruling, permitted trial counsel to invoke the same response from the accused, and gave limiting instructions which created doubt about the accused’s credibility

Core Criminal Law Subjects: Defenses: Mistake of Fact

1. although an honest and reasonable mistake of fact as to consent is a defense in rape cases, the defendant’s beliefs about the victim’s sexual relations with other people are irrelevant to whether the victim was actually consenting with the defendant at the time of alleged nonconsensual sexual act

Core Criminal Law Subjects: Evidence: Character

1. defendant’s beliefs about victim’s sexual reputation or relations with other people are irrelevant to whether the victim was actually consenting with the defendant at the time of alleged nonconsensual sexual act

Core Criminal Law Subjects: Evidence: Relevance

1. the defendant’s beliefs about the victim’s sexual relations with other people are irrelevant to whether the victim was actually consenting with the defendant at the time of alleged nonconsensual sexual act; see MRE 412