State v. W.R., Jr.
Washington Supreme Court
336 P.3d 1134 (2014)
The State of Washington (plaintiff) charged W.R. (defendant), a minor, with second-degree rape of J.F., also a minor, while she was visiting her aunt. W.R. denied having sex with J.F. until shortly before trial, then claimed the sex was consensual; he testified that J.F. had a crush on him and that they'd had sex before, and another witness corroborated the crush. J.F. testified she never consented to either encounter. At the bench trial, the judge weighed credibility and found W.R. had failed to prove consent by a preponderance of the evidence, then convicted him. The court of appeals affirmed, and W.R. appealed to the Washington Supreme Court.
Whether, under the Due Process Clause, the state may shift the burden of proof to a defendant for a defense that negates an element of the offense.