STATE v. BURKE

No. 78528-7.

181 P.3d 1 (2008)

STATE of Washington, Respondent, v. Justin Bryce BURKE, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 13, 2008.


Attorney(s) appearing for the Case

John Henry Browne, Emma C. Scanlan, Law Offices of John Henry Browne, PS, Seattle, WA, for Petitioner/Appellant.

Thomas Marshal Curtis, Seth Aaron Fine, Snohomish County Prosecutor's Office, Everett, WA, for Appellee/Respondent.


CHAMBERS, J.

¶ 1 Justin Burke went to a party. There he met and had sex with J.S.J.S. was 15 years old at the time and Burke was 22. He was later charged with third degree rape of a child. At trial, Burke argued that J.S. had told him that she was of legal age to consent, and he reasonably believed her. This would present a statutory defense to third degree rape of a child. As part of its case in chief, the State contended that Burke, when given an opportunity...

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