Gonzalez & Waddington – Attorneys at Law

  1. According to United States v. Dacosta, 63 M.J. 575 (Army Crim. Ct. App. 2006), Army military judges must issue the following instructions to the members:
  2. Accused is not charged with other sexual offense.
  3. The Rule 413 evidence should have no bearing on the members deliberations unless they determined the other offense occurred.
  4. If a determination is made that the other offense occurred, the members may consider it for any matter for which it is relevant in relation to the sexual offenses charged, such as sentencing.
  5. The Rule 413 evidence has no bearing on any other offense charged.
  6. The members may not convict the accused solely because they believe the accused committed other sexual offenses and therefore has a propensity to commit them again absent evidence the accused has committed the pleaded crime.
  7. The members may not use rule 413 as substitute evidence to overcome the government’s requirement of proof.
  8. Each offense must stand on its own and they must keep evidence of each offense separate.
  9. The burden is on the government to prove every element of the offenses charged beyond a reasonable doubt.
Skip to content