How to Use MRE 412 in Military Sex Crime Cases
Gonzalez & Waddington, Attorneys at Law are internationally recognized experts in defending military service members accused of sexual misconduct. With over two decades of courtroom success, they have defended hundreds of Article 120 cases across the globe and pioneered courtroom use of Military Rule of Evidence 412 to dismantle false narratives and protect the rights of the accused.
- Global trial experience in 12+ countries
- Authors of legal books on cross-examination and sex crimes defense
- Renowned for exposing prosecutorial bias and protecting due process
What Is MRE 412?
MRE 412, or Military Rule of Evidence 412, is the military’s version of the rape shield law. It prohibits introducing evidence about the alleged victim’s prior sexual behavior or predisposition—unless certain strict exceptions are met.
Purpose of MRE 412
The rule aims to protect alleged victims from irrelevant and invasive questioning—but it also creates significant obstacles for military defendants trying to tell the full story.
When Can MRE 412 Evidence Be Admitted?
MRE 412 allows you to admit evidence of a victim’s sexual behavior in three main situations:
- Evidence of sexual behavior with someone other than the accused if offered to prove someone else committed the offense.
- Evidence of sexual behavior between the victim and the accused to show consent or source of injury/semen.
- When excluding the evidence would violate the accused’s constitutional rights (6th Amendment confrontation or due process).
How to File an MRE 412 Motion
To use MRE 412 evidence at trial, your defense attorney must file a sealed motion with the military judge. The steps are:
- Submit a written motion detailing the exact evidence and its relevance
- Serve notice to the trial counsel and Special Victim Counsel (SVC)
- Participate in a closed pretrial MRE 412 hearing where the judge decides what will be admitted or excluded
Strategic Use of MRE 412
Prosecutors often claim MRE 412 blocks everything, but that is false. Experienced defense lawyers can use the rule to:
- Show evidence of consensual prior encounters with the accused
- Reveal fabrication patterns or similar false allegations
- Expose revenge motives (breakups, jealousy, failed relationships)
- Highlight accuser’s own digital admissions (texts, dating apps, social media)
Examples Where MRE 412 Turned the Case
- Admitting prior consensual sexual conduct that disproved alleged “first time” rape
- Exposing motive to lie through prior accusation after rejection
- Using victim’s texts to third parties suggesting consensual plans
Defending Against Prosecutorial Abuse of MRE 412
Some prosecutors overreach by falsely invoking MRE 412 to block valid, exculpatory evidence. A skilled defense team will:
- Force narrow, case-specific rulings in the pretrial hearing
- Use constitutional challenges (6th Amendment, due process)
- Document judicial error for later appeals, if necessary
Why You Need a Specialist
MRE 412 cases are among the most technical and dangerous areas of military criminal law. Your lawyer must:
- Understand military evidentiary rules and constitutional law
- Build evidentiary foundations in pretrial discovery
- Anticipate government objections and reframe arguments to get critical evidence admitted
Learn More from Related Resources:
- Article 120 UCMJ Defense Strategies
- Cross-Examining Sexual Assault Complainants
- False Allegations in Military Sex Crimes
