Washington Supreme Court rules that defendants accused of rape do not have burden of proving consent
The Washington Supreme Court has ruled that a rape defendant does not have the burden of showing a preponderance of evidence that the sex act was consensual, Reuters and the Associated Press report.
The 6-3 ruling (PDF) reversed the court’s earlier decisions, saying the requirement resulted from wrong interpretations of U.S. Supreme Court precedent.
“Requiring a defendant to do more than raise a reasonable doubt is inconsistent with due process principles,” wrote Justice Debra Stephens, adding that it could lead to wrongful convictions.
Three dissenting justices said the decision reversed years of progress since the legislature in 1975 shifted rape-law focus on the conduct of the rapist.
“Placing the burden on the State to disprove consent wrongfully puts the victim’s actions and reputation on trial,” wrote Justice Susan Owens in the dissent. “Not only does the majority’s decision invalidate years of work undertaken to properly refocus our rape law, but it also has serious implications for victims of an already underreported type of crime.”
The case involved one minor accused of rape by another minor. The defense said the act was consensual, and that forcing him to present a preponderance of evidence that the accuser agreed to it violated his right to due process.
The chair of the special assault committee of the Washington Association of Prosecuting Attorneys told the AP that he didn’t see the court’s ruling as necessarily very damaging to prosecutors.
“We always had to prove forcible compulsion beyond a reasonable doubt,” Benton County Prosecutor Andy Miller said. “There’s a chance it may not affect things as much as people fear.”
The defendant’s attorney, Gregory Link, agreed. “I don’t think there’s any concern we’re going back to the dark days of rape prosecution.”
