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HATCH v. U.S.

No. 08-CF-1362.

35 A.3d 1115 (2011)

Colin HATCH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 8, 2011.

Attorney(s) appearing for the Case

Jessica Brand , Public Defender Service, with whom James Klein and Samia Fam , Public Defender Service, were on the brief, for appellant.

Stratton C. Strand , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Elizabeth Trosman , Suzanne Grealy Curt , and David M. Rubenstein , Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN and OBERLY, Associate Judges, and KING, Senior Judge.

GLICKMAN, Associate Judge:

Under the Anti-Sexual Abuse Act of 1994, the offense of first-degree sexual abuse is defined as the use of force to cause another person to engage in or submit to a sexual act.1 Until recently, another provision of the same Act made consent by the victim an affirmative defense, "which the defendant must establish by a preponderance of the evidence."2 This did not mean the defendant...

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