Page:Title 3 CFR 2007 Compilation.djvu/250

 EO 13447 Title 3--The President ? members, the military judge shall conduct the hearing outside the presence of the members pursuant to Article 39(a}. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise. (3} If the military judge determines on the basis of the hearing described in paragraph (2) of this subsection that the evidence that the accused seeks to offer ls relevant for a purpose under subsection (b) and that the probative value of such evidence outweighs the danger of unfair prejudice to the alleged victim's privacy, such evidence shall be admissible under this rule to the extent an order made by the military judge specifies evidence that may be offered and areas with respect to which the alleged victim may be examined or cross-examined. Such evidence is still subject to challenge under Mil. R. Evld. 403. (d) For purposes of this rule, the term "sexual offense" includes any sexual misconduct punishable under the Uniform Code of Military Justice, federal law, or state law. "Sexual behavior', includes any sexual behavior not encompassed by the alleged offense. The term "sexual predisposition" refers to an alleged victim's mode of dress, speech, or lifestyle that does not directly refer to sexual activities or thoughts but that may have a sexual connotation for the factfinder." (b) Mil. R. Evld. 503(b) is amended by renumbering the existing subsection (2) as subsection (3) and inserting the following new subsection (2) after current Mil. R. Evid. 503(b) (1) to read as follows: "(2) A "clergyman's assistant" is a person employed by or assigned to assist a clergyman in his capacity as a spiritual advisor." (c) Mil. R. Evid. 504 ls amended by inserting new subsection (d) after Mil. R. Evid. 504(c) to read as follows: 25O

�