Blair v. State

URBIGKIT, Justice.

This is an “I didn’t do it, but, if I did, she consented” sexual-assault case, where the convicted appellant challenges the denial of a consent instruction. As the single present issue, appellant argues that it was error for the trial court to reject his requested instruction regarding acquiescence, apprehension, and resistance as a theory of his sexual-assault-charge defense at trial.

The complainant and appellant “partied” together extensively at several bars, resulting in their arrival together at complainant’s house at a late night hour. The complainant testified that…