State v. Lynch

¶1 The State charged Jeffrey Thomas Lynch with indecent liberties and second degree rape. At trial, Lynch’s defense to the rape charge was that the State failed to prove forcible compulsion because the alleged victim, T.S., consented to the sexual intercourse. Over Lynch’s objection, the trial court instructed the jury that Lynch had the burden to prove consent by a preponderance of the evidence. The jury found Lynch guilty of the crimes charged. The Court of Appeals affirmed Lynch’s second degree rape conviction but reversed the indecent liberties conviction. We hold that the trial court…