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STATE v. LYNCH

No. 87882-0.

309 P.3d 482 (2013)

178 Wn.2d 487

STATE of Washington, Respondent, v. Jeffrey Thomas LYNCH, Petitioner.

Supreme Court of Washington, En Banc.

September 19, 2013.

Attorney(s) appearing for the Case

Casey Grannis , Nielsen Broman & Koch, PLLC, Nielsen Broman Koch PLLC, Attorney at Law, Seattle, WA, for Petitioner.

Lewis M. Schrawyer , Attorney at Law, Port Angeles, WA, for Respondent.

David B. Zuckerman , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

FAIRHURST, J.

¶ 1 The State charged Jeffrey Thomas Lynch with indecent liberties and second degree rape. At trial, Lynch's defense to the rape charge was that the State failed to prove forcible compulsion because the alleged victim, T.S., consented to the sexual intercourse. Over Lynch's objection, the trial court instructed the jury that Lynch had the burden to prove consent by a preponderance of the evidence. The jury found Lynch guilty of the crimes charged...

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