State v. Gregory

(concurring in result) — While I agree with the majority’s result, I disagree with its reasoning and *868analysis regarding the jury instruction on consent as well as application of the rape shield law to the facts of this case.

I. Jury Instruction Improperly Shifts Burden to Defendant To Prove Consent

¶194 Although the jury in a first degree rape case must be convinced beyond a reasonable doubt that sexual intercourse occurred as the result of forcible compulsion, RCW 9A.44.050(l)(a), i.e., “physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of…