State v. Clinkenbeard

¶1

Thompson, J.*

— Dennis Clinkenbeard appeals his conviction for sexual misconduct with a minor in the first degree. He contends that the pertinent statute, RCW 9A.44.093(l)(b), is unconstitutional on its face and as applied in his case. He argues that it violates substantive due process and equal protection guaranties because it criminalizes consensual, private, adult sexual conduct. He also asserts that the trial court erred when it allowed impeachment testimony to be used in the State’s closing argument as substantive evidence of guilt. We reverse.

FACTS

¶2 This case arises out of a sexual…