For years, sexual assault survivors and advocates have worked to change the legal system’s response to sexual violence. We’ve fought to ensure that survivors of sexual assault are able to report crimes without fear that their conduct will become the focus of the case. But today’s ruling by the Washington Supreme Court threatens to move us backward.
In its decision in the case of State v. W.R., the Court reversed 25 years of Washington precedent concerning the burden of proof in rape cases. The Court held that if a defendant is charged with rape by forcible compulsion and asserts that the victim had consented, the State must now bear the burden of disproving the victim’s consent beyond a reasonable doubt. The defendant will no longer have any burden of proving a defense of consent.
Legal Voice joined with our allies at the Washington Coalition of Sexual Assault Programs, the King County Sexual Assault Resource Center, and the Sexual Violence Law Center to submit an amicus brief to the Supreme Court in this case. We argued that requiring the prosecution to disprove that the victim had consented would turn the clock back by shifting the focus of rape cases to the victim's actions, rather than on the defendant's conduct. Justice Susan Owens agreed with our argument in a powerful dissent, which was joined by Justices Steven González and Charles Johnson.