Russell v. United States

KING, Associate Judge:

Quinton A. Russell was convicted of first degree sexual abuse (rape) pursuant to D.C.Code § 22-4102 (1996 Repl.), a new statute which became effective on the very day of the incident for which Russell was charged. 1 In this appeal Russell contends that the trial court violated his due process rights by instructing the jury that he bore the burden of proving by a preponderance of the evidence that the victim consented to the sexual act. 2 Russell also contends that the trial court erred by failing to instruct the jury that it must consider any evidence relating to…