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State v. W.R., Jr.

336 P.3d 1134 (2014)

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State v. W.R., Jr.

Washington Supreme Court

336 P.3d 1134 (2014)

Facts

The State of Washington (plaintiff) charged W.R. (defendant) with rape in the second degree. The state alleged that W.R. had raped J.F. while J.F. was visiting her aunt. Both W.R. and J.F. were minors. W.R. denied having sexual intercourse with J.F. until shortly before trial. At that point, W.R. asserted that the sexual intercourse was consensual. During the bench trial, W.R. testified that J.F. had a crush on him and that they had previously engaged in sexual intercourse. Another witness also testified that J.F. had a crush on W.R. However, J.F. testified that she did not consent to either instance of sexual intercourse with W.R. The trial court weighed the witnesses’ credibility and determined that W.R. had failed to prove the defense of consent by a preponderance of the evidence. The trial court found W.R. guilty of rape in the second degree. W.R. appealed, and the court of appeals affirmed. W.R. then appealed to the Washington Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Stephens, J.)

Dissent (Owens, J.)

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