Washington v. Lynch (Majority and Concurrence)
Annotate this CaseThe State charged defendant Jeffrey Lynch with indecent liberties and second-degree rape. At trial, defendant's argued the State failed to prove forcible compulsion because the alleged victim, T.S., consented to the sexual intercourse. Over defendant's objection, the trial court instructed the jury that defendant had the burden to prove consent by a preponderance of the evidence. The jury found defendant guilty of the crimes charged. The Court of Appeals affirmed defendant's second-degree rape conviction but reversed the indecent liberties conviction. Upon review of the matter, the Supreme Court held that the trial court violated defendant's Sixth Amendment right to control his defense by instructing the jury on the affirmative defense over his objection and that such error was not harmless.
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