United States v. Smith
United States Court of Appeals for the Armed Forces
68 M.J. 445 (C.A.A.F. 2010)
Cadet SR (a female cadet) had consensual sex with a member of the Coast Guard, which could have hurt her career. When Smith (defendant), a fellow cadet, asked her about the rumor, she first lied and said it was nonconsensual, then admitted it was consensual. Smith and Cadet SR later had sexual relations of their own, which were against academy rules even though consensual. When investigators looked into that relationship, Cadet SR told them it was nonconsensual, and Smith was charged with sexual assault. At trial, Smith wanted to introduce Cadet SR's earlier lie about the Coast Guard incident to attack her credibility. The trial judge let in the fact that she had lied about "an indiscretion," but not the sexual details of what the indiscretion was. Smith was convicted, and the Coast Guard Court of Criminal Appeals affirmed.
Whether evidence that an alleged sexual-assault victim engaged in other sexual behavior is generally admissible to impeach her credibility.