State v. WEAVILLE

¶1 Penetration, an element of rape in the second degree, is not defined within chapter 9A.44 RCW. Nevertheless, mere contact between the sex organs of two individuals does not constitute penetration. A jury instruction defining “penetration” in this manner is erroneous. Here, the supplemental instruction given to the jury contained such an incorrect statement of the law. Accordingly, we reverse Scott Weaville’s conviction of rape in the second degree. We affirm his remaining convictions.

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¶2 On August 12, 2009, Weaville and his roommate, Thomas Wilson, purchased three “mollies,” which are a…