Travis Stearns , Washington Defender Association, Suzanne Lee Elliott , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Washington Defender Association.
Brian Neal Wasankari , Pierce County Prosecuting Atty, Tacoma, WA, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.
Rebecca Jane Roe , Schroeter Goldmark Bender , Emily Cordo , Sexual Violence Legal Services YWCA, Seattle, WA, Amicus Curiae on behalf of Washington COAlition of Sexual Assault Programs, King County Sexual Assault Resource Center and Legal Voice and Sexual Violence Law Center.
Supreme Court of Washington, En Banc.
STEPHENS, J.
¶ 1 This case asks us to reconsider whether it violates due process to assign a defendant the burden of proving consent as a defense to a charge of rape by forcible compulsion. We held in State v. Camara,113 Wn.2d 631, 639-40, 781 P.2d 483 (1989), and reaffirmed in State v. Gregory,158 Wn.2d 759, 801-04, 147 P...
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