Many people make the connection that rape or sexual assault is occurring when the victim is clearly expressing lack of consent. They are saying “no” to the sexual act. However, there are changes to the law that says no such lack of consent needs to be expressed. RCW 9A.44.060 formerly read as follows: A person Read More…
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Tales from the [Criminal] Trenches
Homeless Shelter May Be a Residence for Sex Offender Registration State v. Batson, 194 Wn. App 326 (2016) Benjamin Batson was convicted at trial of “failure to register as a sex offender” because he had not checked in with the sheriff’s office pursuant to RCW 9A.44.131(1)(d). He tried to “arrest judgment,” and was unsuccessful. Mr. Read More…
Tales from the [Criminal] Trenches
Consent: Unconstitutional Burden Shift to Defendant in Rape Case A big tip-of-the-hat to appellate counsel in State v. Ortiz-Triana, 193 Wn. App. 769 (2016). The defendant was found guilty at trial of rape in the second degree (“Rape 2”), and appealed his conviction, arguing trial court error in giving the State’s “consent” jury instruction and Read More…