What is the Military Rules of Evidence (MRE) 407?
Military Rules of Evidence (MRE) 407 is a provision of the legal code that applies to military law in the state of California. This rule states that evidence of prior sexual conduct between the defendant and the alleged victim may be admitted in court if the evidence has probative value. This means that it must have a bearing on the case in order to be allowed in court. For example, the evidence may be used to show a pattern of behavior or to sow doubts about the alleged victim’s credibility. The rule also provides safeguards to ensure that the evidence is not used for prejudicial purposes. Any evidence of prior sexual conduct must be relevant to the case at hand and must be more probative than prejudicial in order to be admissible. Additionally, the court must make certain that the evidence is not used for the purpose of implying that the victim was more likely to have consented to the acts in the case due to prior sexual conduct. Overall, Military Rules of Evidence (MRE) 407 serves to ensure that any evidence of prior sexual conduct is properly evaluated in a military court in California. It ensures that this type of evidence is not used to unfairly influence the outcome of the case and that it is used to provide relevant information to the court, if applicable.
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