Similar crimes in sexual offense cases

(a) Permitted Uses. In a court-martial proceeding for a sexual offense, the military judge may admit evidence that the accused committed any other sexual offense. The evidence may be considered on any matter to which it is relevant. (b) Disclosure to the Accused. If the prosecution intends to offer this evidence, the prosecution must disclose it to the accused, including any witnesses’ statements or a summary of the expected testimony. The prosecution must do so at least 5 days prior to entry of pleas or at a later time that the military judge allows for good cause. (c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule. (d) Definition. As used in this rule, “sexual offense” means an offense punishable under the Uniform Code of Military Justice, or a crime under federal or state law (as “state” is defined in 18 U.S.C. § 513), involving: (1) any conduct prohibited by Article 120; (2) any conduct prohibited by 18 U.S.C. chapter 109A; (3) contact, without consent, between any part of the accused’s body, or an object held or controlled by the accused, and another person’s genitals or anus; (4) contact, without consent, between the accused’s genitals or anus and any part of another person’s body; (5) contact with the aim of deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or (6) an attempt or conspiracy to engage in conduct described in subdivisions (d)(1)-(5).