Burden of Proving Consent Isn’t on Alleged Rapist

Placing the burden of proof on a defendant to prove consent in a rape prosecution—even by a preponderance of evidence—violates due process, the Washington Supreme Court ruled Oct. 30. (State v. W.R., 2014 BL 307233, Wash., No. 88341)

This approach is consistent with the way the U.S. Court of Appeals for the Ninth Circuit and some state courts have ruled on this issue and is also in line with the approach taken by Washington courts when a defendant claims he has an alibi or was under duress, the court said. “While the defendant may be tasked with producing ...