United States v. Smit

68 M.J. 445 (C.A.A.F. 2010)

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Nature of the Case

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Facts

D and Cadet SR were cadets at the United States Coast Guard Academy. During the summer of 2005, Cadet SR and D were assigned to neighboring Coast Guard cutters in Norfolk, Virginia. Cadet SR committed an indiscretion that could have jeopardized her ranking as a cadet and threatened her Coast Guard career. Cadet SR discussed the situation with D but lied about some of the details. In October D notified Cadet SR that the rumors were persisting. She truthfully disclosed the details of her indiscretion. D said he would continue to try to suppress the rumors, but that he needed motivation to do so. D denied he was seeking sexual favors but suggested the couple take a photograph of themselves naked together to build 'trust in one another.' D returned to her room later that evening. D inserted his fingers into her vagina and placed his tongue on her clitoris. Cadet SR then performed fellatio on him. Cadets are prohibited from sexual relations even if they are consensual. D was investigated for relations with Cadet SR. Cadet SR claimed the sex was nonconsensual. D was charged and moved to admit evidence of Cadet SR’s prior sexual conduct and her lying to D about the relations. D sought to impeach her credibility because her past lying about sex meant she might be lying about sex with D. The court allowed D to introduce evidence that Cadet SR lied about an indiscretion that could have gotten her dismissed from the Academy but not what the indiscretion entailed. D was convicted and appealed.