The defence in the court martial of retired petty officer James Wilks is asking that a number of the charges against him be dropped.
Maj. Edmund Thomas says theye are alleging that Wilks didn't knowingly breach policy rules and didn't ignore them and never went against them.
Sixteen women have stepped forward accusing Wilks, a former military medic, of sexual assault. He also faces breach of trust charges.
Witnesses have testified that Wilks performed breast exams during routine medical screenings at recruitment offices, including in London.
The motion would see nine of the 26 charges against Wilks dropped.
The case resumes on Thursday.