State v. Koperski

The State of Nebraska (plaintiff) charged David Koperski (defendant) with first-degree sexual assault, defined by statute as sexual penetration achieved through force, threat of force, or coercion. Koperski introduced evidence suggesting the victim consented and asked for a jury instruction on consent as a defense; the trial court denied the instruction but let his attorney argue consent during closing. The jury convicted Koperski, and after the court of appeals affirmed, he appealed to the Nebraska Supreme Court, in part because the jury itself asked the court whether it could even consider consent.