Page:Title 3 CFR 2007 Compilation.djvu/249

 Executive Orders EO 13447 6 (b) Exceptions. {1) In a proceeding, the following evidence is admissible, if otherwise admissible under these rules: (A) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; (B) evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and (C} evidence the exclusion of which would violate the constitutional rights of the accused. (c) Procedure to determine admissibility. {1} A party intending to offer evidence under subsection (b) must (A) file a written motlon at least 5 days prior to entry of pleas specifically describing the evidence and stating the purpose for which it is offered unless the military judge, for good cause shown, requires a different time for filing or permits filing during trial; and (B) serve the motion on the opposing party and the military judge and notify the alleged victim or, when appropriate, the alleged vlctim's guardian or representative. (2) Before admitting evidence under this rule, the military judge must conduct a hearing, which shall be closed. At this hearing, the parties may call witnesses, including the alleged victim, and offer relevant evidence. The alleged victim must be afforded a reasonable opportunity to attend and be heard. In a case before a court-martial co\177nposed of a military Judge and 249

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