United States v. Dana Lee Cobenais

Because I believe that it was error for the district court to give a theory-of-defense instruction on consent, I respectfully dissent.

The district court sua sponte, and over the strenuous objection of the defense, drafted and gave the following instruction to the jury:

It is the Defendant’s position that on the morning of March 14, 2015, he and Jane Doe had consensual sexual relations and that he did not use force against her to engage in sexual intercourse. There is no consent if the sexual act was accomplished against the will of Jane Doe by the use of force, coercion, or threats. Consent…