Clark v. Baines

(concurring in part and dissenting in part) — The majority’s statement of facts is incomplete. To fully understand the case, it is necessary to consider the following facts also.

On Thursday, October 2, 1997, Piety Ann Clark told a Pierce County deputy sheriff “that she ha[d] been raped, approximately eight times by Wayne Baines.” She also said that Baines had “threatened her with a handgun.” Baines told the deputy “the sexual acts were consensual.”12

On October 6, 1997, the State charged Baines with first degree rape in Pierce County cause number 97-1-04097-5. He was arraigned and pleaded not…