CAAF will hear oral argument in the Air Force case of United States v. Carpenter, No. 0476/AF (CAAFlog case page), on Wednesday, January 10, 2018, at 9:30 a.m. CAAF granted review of a single issue:
Whether the Air Force Court of Criminal Appeals erred in limiting the cross-examination of the complaining witness under Military Rule of Evidence 412 on an issue showing that Appellant’s subjective mistake of fact as to the complaining witness’s age was objectively reasonable.
The briefs are sealed, so there’s not much to preview. But from the Air Force CCA’s opinion (available here) we can see that Senior Airman (E-4) Carpenter was convicted of sexual assault of a child in violation of Article 120b(b) for a sexual encounter with a 13-year-old boy. Carpenter’s defense was that he mistakenly believed the boy was 16.
To prove this mistaken belief the defense sought to cross-examine the boy about the boy’s internet posts (soliciting sexual encounters) in which the boy claimed he was 18, 19, and 20 years old. But those posts were made after the encounter with the appellant. The defense also sought to introduce evidence about other men with whom the boy had sexual encounters, and also evidence that the boy was “adept at conceling his age.” Slip op. at 5. But the military judge found the evidence was not relevant in part because:
the relevant inquiry with regard to whether Appellant’s belief about JM’s age was objectively reasonable is based on the facts known to Appellant at the time of the conduct.
Slip op. at 5. The CCA concluded that:
We agree with the military judge that the proffered evidence was irrelevant to the mistake-of-fact defense. The military judge therefore did not abuse his discretion by excluding it.
Slip op. at 6.