STATE v. KNAPP

No. 98067-5.

486 P.3d 113 (2021)

STATE of Washington, Respondent, v. Leland Honn KNAPP IV, Petitioner.

Supreme Court of Washington.

Filed May 6, 2021.


Attorney(s) appearing for the Case

Andrea Burkhart , Two Arrows, PLLC, 8220 W. Gage Blvd. #789, Kennewick, WA, 99336-8113, for Petitioner.

Andrew Kelvin Miller , Benton County Prosecutor's Office, 7122 W. Okanogan Pl. Bldg. A, Kennewick, WA, 99336-2359, for Respondent.


¶1 For decades, Washington law treated consent as an affirmative defense to rape, meaning the defendant charged with rape had to prove the survivor of the alleged assault consented to sex. We recently recognized, however, that placing the burden of proving a consent defense on the defendant violates the defendant's due process...

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