Tag Archives: Mount Vernon Criminal Defense

Crime Fell In First 6 Months of COVID

Coronavirus Is Slowing Down the Criminal Justice System. Will Criminals  Cash In?

According to a recent FBI Report, violent and property crime both plunged across the United States in the first six months of 2020 as the coronavirus pandemic swept the country.

Even though lockdowns to prevent the spread of Covid-19 were inconsistent and non-existent in some areas, murders fell 14.8 percent from a year earlier and rapes dropped 17.8 percent, according to preliminary data compiled by the FBI.

Violent robbery fell 7.1 percent, and non-violent thefts and larceny fell by slightly more from the first half of 2019, the FBI said.

But arson jumped in the first half of this year, especially in large cities and in West, it said. Arson cases rose more than 52 percent in cities with populations over one million, and were up 28 percent in the western part of the country. The FBI did not offer any explanation of the decline in crime overall, or the surge in arson.

But the period covered by the data coincides with the country’s response to the coronavirus pandemic, including the declaration of a national emergency on March 13, California’s stay-at-home order on March 19, and New York issued a stay-at-home order on March 20.

Violent crime of all types fell in the period by 4.8 percent in the northeast and by smaller levels in the West and Midwest. But violent crime increased compared to 2019 in the South, by 2.5 percent. Generally southern states lagged others in taking serious steps to prevent the spread of the coronavirus.

Please contact my office if you, a friend or family member face criminal charges. Hiring an experienced criminal defense attorney is the first and best step towards justice.

Improper Opinion Testimony

Chicago cops reluctantly testify against 1 of their own

In State v. Hawkins, the WA Court of Appeals held it inappropriate at trial for a prosecutor to seek opinion testimony from a police officer regarding the defendant’s guilt or the credibility of witnesses.

FACTUAL BACKGROUND

The Defendant Mr. Hawkins was arrested and charged with assault in the third degree for briefly strangling Mr. Ali, a King County Metro bus driver, over a fare dispute. The incident was witnessed by a passenger who did not speak English and a passenger who saw an argument occur, but did not witness actual physical touching.

The State’s only other witnesses were Deputy Baker and Deputy Garrison, the King County Sheriff’s detective that reviewed Baker’s initial investigation and referred Hawkins’s case for prosecution. Over defense counsel’s repeated objections, the prosecutor tried to elicit opinion testimony from both deputies concerning whether they believed whether the bus driver Ali was a credible witness.

Several of the defense’s objections were sustained, but the court eventually allowed Officer Baker to answer. Although Deputy Baker’s answer was couched in probable cause to arrest, Baker’s answer implied he believed Ali’s version of events over Hawkins.

Deputy Garrison’s answers also gave an opinion about credibility. Garrison stated he would only refer a case for prosecution if there was “some credible ability to prosecute.”

The jury convicted Hawkins as charged.

On appeal, Hawkins contends that the prosecutor committed prejudicial misconduct by eliciting opinion testimony from police witnesses concerning witness credibility.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals reasoned that a prosecutor must enforce the law by prosecuting those who have violated the peace and dignity of the state by breaking the law. A prosecutor also functions as the representative of the people in a quasi-judicial capacity in a search for justice. The Court elaborated that defendants are among the people the prosecutor represents and the prosecutor owes a duty to defendants to see that their rights to a constitutionally fair trial are not violated. Thus, said the Court, a prosecutor must function within boundaries while zealously seeking justice.

Also, the Court of Appeals emphasized there are some areas of opinion testimony that are inappropriate in criminal trials.

“This is particularly true when the opinion testimony is sought from law enforcement,” said the Court of Appeals. “Officer testimony has an aura of special reliability and trustworthiness.”

The Court of Appeals said the State’s case was weak.

“There is no question that the State’s case against Hawkins was weak. There was no physical evidence, there was no surveillance footage, and Ali had no visible injuries and declined medical attention. The State offered no firsthand witnesses other than Ali.” ~WA Court of Appeals

As a result, the Court reasoned that the State’s case inappropriately focused on the police officers’ opinion of the bus driver Ali’s credibility:

“Because the State’s case was weak, eliciting the officers’ opinions that they believed they had a credible witness in Ali had a clear prejudicial effect on Hawkins’s right to a fair trial.” ~WA Court of Appeals

The Court ruled the Defendant’s case was prejudiced and overturned his conviction.

My opinion? Good decision. A prosecutor functions as the representative of the people in the search for justice. The prosecutor also owes a duty to defendants to see that their rights to a constitutionally fair trial are not violated. It is inappropriate in a criminal trial for the prosecutor to seek opinion testimony as to the guilt of the defendant, the intent of the accused, or the credibility of witnesses. This is particularly true where the opinion sought is that of a law enforcement officer.

Please contact my office if you, a friend or family member face criminal charges. Hiring an experienced and competent defense attorney is the first and best step toward justice.

Excessive Parking Fines

How a Parking Ticket Impacts a Driver

In Pimentel v. City of Los Angeles, the Ninth Circuit Court of Appeals held that the Eighth Amendment’s Excessive Fines Clause applies to excessive municipal parking fines.

BACKGROUND FACTS

The City of Los Angeles imposes civil fines for parking meter violations. Under the ordinance Los Angeles Municipal Code § 88.13, if a person parks her car past the allotted time limit and forces people to drive around in search of other parking spaces, she must pay a $63 fine. And if she fails to pay the fine within 21 days, the City will impose a late-payment penalty of $63. In sum, a person who overstays a metered parking spot faces a fine of anywhere from $63 to $181, depending on her promptness of payment.

Appellant Mr. Pimentel and the other appellants sued the City of Los Angeles under 42 U.S.C. § 1983, asserting that the fines and late payment penalties violate the Eighth Amendment’s Excessive Fines Clause and the California constitutional counterpart.

The case made its way through the lower federal district court. The lower court ordered that the initial parking fine was not grossly disproportionate to the offense and thus survives constitutional scrutiny. The case was appealed to the Ninth Circuit, however, who issued its own opinion below.

COURT’S REASONING & CONCLUSIONS

The Court of Appeals held that although the initial parking fine was not disproportionate to the offense, the the City’s late fee runs afoul of the Excessive Fines Clause.

The Court said the Excessive Fines Clause of the Eighth Amendment limits the government’s power to extract payments, whether in cash or in kind, as punishment for some offense. Also, the Court reasoned that the Excessive Fines Clause traces its lineage back to at least the Magna Carta which guaranteed that a free man shall not be fined for a small fault.

“For centuries, authorities abused their power to impose fines against their enemies or to illegitimately raise revenue,” said the Ninth Circuit. “That fear of abuse of power continued to the colonial times. During the founding era, fines were probably the most common form of punishment, and this made a constitutional prohibition on excessive fines all the more important.”

The Court extended the  four-factor analysis found in United States v. Bajakajian to decide whether a fine is “grossly disproportionate” to the offense: (1) the nature and extent of the crime, (2) whether the violations was related to other illegal activities, (3) the other penalties that may be imposed for the violation, and (4) the extent of the harm caused.

The Court reasoned that under the first Bajakajian factor—  the nature and extent of the crime — the plaintiffs were indeed culpable because there was no factual dispute that they violated the parking infraction code for failing to pay for over-time use of a metered space. However, the Ninth Circuit also found the the parking transgressions were small:

“But we also conclude that appellants’ culpability is low because the underlying parking violation is minor. We thus find that the nature and extent of appellants’ violations to be minimal but not de minimis.”

The Court further reasoned that the second Bajakajian factor — whether the violations was related to other illegal activities — was not as helpful to its analysis: “We only note that there is no information in the record showing whether overstaying a parking meter relates to other illegal activities, nor do the parties argue as much.”

Similarly, the Court said that the third Bajakajian factor — whether other penalties may be imposed for the violation — also did not advance its analysis. “Neither party suggests that alternative penalties may be imposed instead of the fine, and the record is devoid of any such suggestion.”

Finally, the Court turned to the fourth Bajakajian factor — the extent of the harm caused by the violation. “The most obvious and simple way to assess this factor is to observe the monetary harm resulting from the violation,” said the Court. Ultimately, it reasoned that while a parking violation was not a serious offense, the fine is not so large, either, and likely deters violations.

With that, the Ninth Circuit held that the City’s initial parking fine of $63 was not grossly disproportional to the underlying offense of overstaying the time at a parking space. Nevertheless, the Court also held that the 100% late fee on the initial fine must be remanded back to the lower district court for the City to justify:

“The government cannot overstep its authority and impose fines on its citizens without paying heed to the limits posed by the Eighth Amendment. Yet in its brief to this court, the City of Los Angeles did not even bother addressing the constitutionality of its late fee. Based on the record, we do not know the City’s justification for setting the late fee at one hundred percent of the initial fine.”

With that, the Ninth Circuit Court of Appeals gave the case back (remanded) to the lower court for a further analysis on this issue.

My opinion? Good decision. At the end of the day, paying a 100% late fee for a parking fine is truly excessive. The case is novel because we don’t see much litigation surrounding the Excessive Fines Clause of the Eighth Amendment. We do know, however, that the Eighth Amendment also encompasses the Cruel and Unusual Punishments Clause, which is the most important and controversial part of the Amendment.  The issues relating to that constitutional amendment are, in some ways, shrouded in mystery. What does it mean for a punishment to be “cruel and unusual”? How do we measure a punishment’s cruelty? And if a punishment is cruel, why should we care whether it is “unusual”?

Again, good decision.

Entrapment & Sex Crimes

Online sting was 'clear case of entrapment:' lawyer | CTV News

In State v. Johnson, the WA Court of Appeals held that a Defendant cannot claim Entrapment for numerous attempted sex offenses by responding to a fake Craigslist add in the “Casual Encounters” section created by police officers conducting an online sting operation.

BACKGROUND FACTS

Law enforcement created a posting in the Craigslist casual encounters section. Mr. Johnson responded to the ad. His communications with the (as-yet-unknown) police led Mr. Johnson to believe the add was posted by a 13-year-old female named “Brandi” who was home alone. Mr. Johnson was instructed to drive to a minimart and await further instructions via text. Johnson drove to the designated minimart. “Brandi” then gave Johnson the address of the house and he drove toward that location. Law enforcement apprehended Johnson while on his way from the minimart to the house. At the time of his arrest, Johnson was carrying forty dollars.

Johnson was charged with (1) attempted second degree rape of a child, (2) attempted commercial sexual abuse of a minor, and (3) communication with a minor for immoral purposes. During trial, he requested the Entrapment Defense via a jury instruction. However, the trial judge denied Johnson the defense and jury instruction. The jury found him guilty of all charges.

Johnson appealed, claiming ineffective assistance of counsel and that the trial judge erred by denying the Entrapment defense.

COURT’S ANALYSIS & CONCLUSIONS

The court explained that in order to prove the affirmative defense of entrapment, a defendant must show, by a preponderance of the evidence, that he committed a crime, that the State or a State actor lured or induced him to commit the crime, and that the defendant lacked the disposition to commit the crime. A defendant may not point to the State’s absence of evidence to meet his evidentiary burden for an affirmative defense. Importantly, as a matter of law, the Court also stated the following:

“Entrapment is not a defense if law enforcement merely afforded the actor an opportunity
to commit a crime.”

“Here, Johnson points to no evidence to support an entrapment instruction,” reasoned the Court. Here, law enforcement created a Craigslist posting purporting to be a woman looking for a man to teach her how to be an adult. This add, however, was not entrapment on the part of police. The add merely presented an opportunity for Mr. Johnson to incriminate himself and commit a crime:

“Johnson initiated contact by answering the posting. Johnson testified that no one forced him to answer the posting. Although Johnson stated he wanted to be cautious because ‘Brandi’ was underage, he steered the conversation into explicitly sexual territory by graphically explaining his sexual desires to the purported thirteen-year-old. When ‘Brandi’ suggested meeting at a later time, Johnson declined, stating that he was available to meet. There is no evidence that law enforcement lured or induced Johnson.”

The court also rejected Johnson’s argument that he was entitled to an entrapment instruction because the State failed to show he had a predisposition to commit the crimes against children, and there was no evidence of a history regarding perverse activity towards children.

“But pointing to the State’s absence of evidence does not meet Johnson’s evidentiary burden for his affirmative defense,” said the Court. Instead, explained he Court, the evidence shows that law enforcement merely afforded Johnson the opportunity to commit his crimes. Johnson willingly responded to the posting, steered the conversation to explicitly sexual topics, testified that he wanted to meet the person, and drove to the agreed locations.

The Court of Appeals concluded that because Johnson failed to show any evidence entitling him to a jury instruction on entrapment, the trial court did not err by refusing to instruct the jury on entrapment. The court also denied Mr. Johnson’s claims of ineffective assistance of counsel.

My opinion? Entrapment is a very difficult defense to prove under these circumstances. Law enforcement officers are allowed to engage in sting operations, whereby they create circumstances that allow individuals to take criminal actions that they can then be arrested and prosecuted for. These are considered “opportunities” for individuals believed to be involved in criminal behavior to commit crimes. An opportunity is considered very different from entrapment and involves merely the temptation to violate the law, not being forced to do so.

Please contact my office if you, a friend or family member face criminal charges where Entrapment could be a substantive defense. Hiring an experienced criminal defense attorney is the first and best step towards justice.

Coronavirus-Related Crimes Increase

Image result for Coronavirus fraud

Informative article featured in the Seattle Times by Michael Balsamo, Colleen Long and Rodney Muhumuza reports that Coronavirus-related fraud are on the rise, along with concerns about hate crimes.

The Anti-Defamation League, which tracks hate groups, blames the virus for elevating racist and anti-Semitic messages, including suggesting that Jews are somehow responsible for the pandemic. Some hate groups have suggested tainting doorknobs or other surfaces with the virus so FBI and police officers fall ill.

Hundreds of masks have been stolen in Portland, Oregon, amid shortages for health care workers. Also, a Missouri man who was coughing told two store clerks he had a high fever. He was arrested after police said he threatened to give the employees coronavirus. People in Pennsylvania and Illinois were accused of similar crimes. Texas prosecutors brought charges against someone who falsely claimed on social media to have tested positive for COVID-19.

In a memo issued Tuesday, Deputy Attorney General Jeffrey Rosen told prosecutors they could charge people who threaten to spread the new coronavirus under U.S. terrorism statutes because the Justice Department considers it a “biological agent” under the law. In such cases, suspects could be charged with a number of offenses, including possessing or developing a biological agent as a weapon, he said.

“Threats or attempt to use COVID-19 as a weapon against Americans will not be tolerated,” Rosen wrote in the memo to U.S. attorneys across the country and the heads of all Justice Department agencies, including the FBI.

The World Health Organization (WHO) and other authorities are also working to debunk spurious claims about possible cures. They include false assertions that silver, bleach, and garlic could protect against the coronavirus, or that bananas prevent it. The WHO also says criminals are increasingly posing as WHO officials in calls and phishing emails to swipe information or money. The United Nations also set up a website to help prevent fraud.

Meanwhile, the United Kingdom’s National Fraud Intelligence Bureau has received more than 100 reports of virus-related scams, with losses totaling more than $1.1 million (970,000 pounds).

In the United States, marketing schemers have quickly pivoted to offering “senior care packages” that include hand sanitizer or even a purported vaccine, which doesn’t exist. Some falsely claim that Trump has ordered that seniors get tested. It’s all a trick to get personal information that can be used to bill federal and state health programs, health officials said.

“It’s a straight-up ruse to get your Medicare number or your Social Security number under the guise of having a test kit or a sanitary kit sent to you,” Christian Schrank, assistant inspector general for investigations at Health and Human Services.

“Emergency Order” Laws

Image result for police and social distancing

Interesting article by David Rasbach of the Bellingham Herald provokes some interesting discussion of the laws surrounding Social Distancing and/or proper distancing to help prevent the spread of COVID-19 (Coronavirus) when they encounter large groups.

Recently, Gov. Jay Inslee issued a sweeping statewide stay-at-home order to help stem the spread of the deadly coronavirus that has killed at least 110 in Washington.

“This is a human tragedy on a scale we can not project,” Inslee said. “To be socially irresponsible during these times is to risk the lives of our loved ones.”

The emergency proclamation requires people to stay at home for at least two weeks unless it is absolutely necessary to leave for such essentials as groceries or medicine or for an essential job, said a spokesperson for the governor. It also requires a number of businesses to close that have remained open so far.

This measure was foreseeable. Emergency proclamations are done in the interest of public safety. According to comments made to Mr. Rasbach by Officer Murphy of the Bellingham Police Department, however, RCW 43.06.250 actually helps police enforce criminal charges against people who do not follow the emergency proclamation. It states:

“Any person upon any public way or any public property, within the area described in the state of emergency, who is directed by a public official to leave the public way or public property and refuses to do so shall be guilty of a misdemeanor.” ~RCW 43.06.250

Interesting.

By all means, please keep yourself and other people safe from Coronavirus during these trying times. Doing so means following governmental directives when instructed to do so.

That said,  it seems egregious that failing to disburse or otherwise leave a public or private property under certain circumstances can lead to criminal charges. What are the homeless people supposed to do? What if there’s no intention to break the law? And/or what if there’s an emergency situation necessitating the need to be at a certain place at a specific time?

Please contact my office if you, a friend or family member face criminal charges for violating a governmental “State of Emergency” proclamation. Hiring an experienced defense attorney like myself is the first and best step toward getting justice.

Skagit Courts Respond to Coronavirus

Image result for courts and coronavirus

Reporter Kera Wanielista of the Skagit Valley Herald says in a recent article that the Skagit County Superior Court is suspending some of its operations in an effort to slow the spread of COVID-19. These efforts include postponing trials, asking lawyers to only seek hearings on matters that cannot wait and telling those who are showing signs of illness to avoid courtrooms and court offices.

“We’re not going to be able to stop,” presiding Skagit County Superior Court Judge Dave Svaren said. “What we can do is reduce the population.”

As a result, all 12-person jury trials are suspended for at least two weeks, according to an administrative order signed Thursday by Svaren.

“Attorneys and pro-se litigants should use their best judgment in deciding whether a matter is emergent taking into consideration the current public health emergency,” the order states.

My opinion? Good decision. Although defendants have the constitutional right to a speedy trial, the public health concerns brought by COVID-19 create a risk that the juries can be unnecessarily exposed to the virus.

Coronavirus Suspends Local Jury Trials

Image result for courts and coronavirus

Informative article by Denver Pratt of the Bellingham Herald reports that several Whatcom County courts are suspending jury trials due to the COVID-19 outbreak.

Whatcom County Superior and District Courts and Bellingham Municipal Court announced they are suspending all jury trials until early April and May, respectively.

Pratt reports that the emergency administrative orders that were signed on Wednesday, March 11, by the courts’ presiding judges are due to concerns over the risk of bringing together jurors in small spaces and large groups of people called for jury duty.

Last week, the Washington State Supreme Court signed an order that gave county courts’ presiding judges the authority to change or suspend court rules as a way to address the public health emergency. On Friday, March 6, federal courts in Seattle and Tacoma also suspended jury trials in response to the novel coronavirus outbreak.

Also according to Pratt, Washington state Gov. Jay Inslee banned gatherings and events of more than 250 people in King, Snohomish and Pierce counties. The World Health Organization also declared Wednesday that the global coronavirus crisis is now a pandemic.

Whatcom County had its first confirmed case of novel coronavirus Tuesday, March 10, and the county declared a public health emergency. As of Thursday, March 12, afternoon, Whatcom County had 19 pending tests for COVID-19, which is down from 21 on Wednesday.

New Year’s Eve DUI Patrols

Image result for A New Year but an old truth- There’s no safe place for impaired drivers to hide. 

The WA State Patrol (WSP) issued a press release stating WSP Troopers will be out looking for impaired drivers this week in preparation for the New Year. Patrols will be increased to include Troopers brought out to supplement regularly assigned patrols. WSP has partnered with five other states to form the Western States Traffic Safety Coalition. Washington, Oregon, California, Idaho, Nevada and Arizona are working together to save lives by removing impaired drivers from all of our roadways. The message is clear; A New Year but an old truth- There’s no safe place for impaired drivers to hide.

These extra patrols will include specially trained troopers to help identify and detect drug impaired drivers. Most WSP troopers receive additional training in drug impaired driver detection. This training, Advanced Roadside Impaired Driving Enforcement (ARIDE) is specifically focused on detecting drivers impaired by drugs. Troopers trained as Drug Recognition Experts (DRE) will also be out to assist in identifying and detecting drug impaired drivers. DREs receive training to identify what drugs a driver may be impaired by.

Please contact my office if you, a friend or family member face DUI or any other alcohol-related driving crimes. It’s imperative to hire an experienced defense attorney who is knowledgeable of DUI defense.

Rape By Forcible Compulsion or Consent?

Image result for consent

In State v. Knapp, the WA Court of Appeals held a defendant charged with rape by forcible compulsion is not entitled to a jury instruction that requires the State to prove the absence of consent beyond a reasonable doubt.

BACKGROUND FACTS

Mr. Knapp and Ms. Spaulding met in high school and were friends for more than a decade. On February 7, 2016, Ms. Spaulding was preparing to watch the Super Bowl when Knapp came to her home. Ms. Spaulding let him in. The events following this were disputed.

According to Ms. Spaulding, Knapp began to make sexual comments toward her and expressed an interest in having sex. Ms. Spaulding denied his advances. Knapp then left, but soon returned to the home, claiming he forgot his bandana. Ms. Spaulding let him in again and while she was sitting on the couch, Knapp threw her to the ground and pulled down her pants.

Ms. Spaulding screamed for her neighbors, but they did not hear her. Knapp then used his bandana to gag her. The struggle continued until Knapp pinned her against a wall and raped her. Ms. Spaulding continued to say, “No,” “Stop,” and “Don’t do this.” Knapp left, and Ms. Spaulding called her mother and then the police. Ms. Spaulding was taken to the hospital where she underwent a sexual assault examination.

According to Knapp, he and Ms. Spaulding were “friends with benefits” for years and engaged in sex together on and off. After Ms. Spaulding let him in the first time, Ms. Spaulding realized Knapp was high on methamphetamine and she hinted that she wanted some. Knapp refused to give her any. Ms. Spaulding became upset, and Knapp decided to leave.

After he left, Knapp realized he forgot his bandana and returned to retrieve it. Ms. Spaulding let him in again, and she pressed Knapp to get her high. Eventually, Ms. Spaulding offered sex for drugs. At that point, Knapp “gave in” and they had sex. Afterward, Knapp could not find the methamphetamine to give to her. Ms. Spaulding became upset and threatened to call the police and falsely accuse him of rape. Knapp left and was later arrested. The State charged Knapp with rape in the second degree by forcible compulsion.

THE TRIAL

At trial, Knapp requested a jury instruction that told the jury the State had the burden of proving an absence of consent beyond a reasonable doubt. The State opposed this instruction, arguing it was not a correct statement of the law. The State instead proposed Washington pattern jury instruction 18.25, which reads, “Evidence of consent may be taken into consideration in determining whether the defendant used forcible compulsion to have sexual intercourse.”

The trial court declined to give Knapp’s proposed instruction and instead gave the State’s. The jury found Knapp guilty of second degree rape. The trial court sentenced Knapp to a midrange sentence—110 months to life.

Knapp appealed on the issue of whether the jury was properly instructed on the issue of consent.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals began by saying that at trial, each party is entitled to have the jury instructed on its theory of the case when there is sufficient evidence to support that theory.

“Jury instructions are sufficient if they are supported by substantial evidence, allow the parties to argue their theories of the case, and when read as a whole properly inform the jury of the applicable law,” said the Court. “Read as a whole, the jury instructions must make the legal standard apparent to the average juror.”

Here, both parties relied heavily on State v. W.R., a case which apparently offers confusing interpretations of which party in a criminal sex case has the burden of proving consent.

The Court acknowledged that Knapp argued that W.R. stands for the proposition that the burden to prove consent has now shifted to the State, and the State must prove a lack of consent beyond a reasonable doubt. Knapp’s proposed jury instruction read: Consent means that at the time of the act of sexual intercourse there are actual words or conduct indicating a freely given agreement to have sexual intercourse. The Defendant has no burden to prove that sexual intercourse was consensual. It is the State’s burden to prove the absence of consent beyond a reasonable doubt.”

However, the Court of Appeals disagreed with Knapp:

“The court in W.R. focused on whether the burden to prove consent was correctly placed on the defendant. It did not hold that the State must prove the absence of consent.”

The Court ruled that the trial court did not commit legal error when it denied Knapp’s proposed instruction. “Knapp’s proposed instruction was an incorrect statement of the law,” it said. “W.R. did not hold that the burden to prove an absence of consent shifted to the State. Instead, it held that the burden to prove consent cannot be placed on the defendant.”

Furthermore, when read as a whole, the trial court’s instructions allowed Knapp to argue his theory of the case. “Knapp claimed the sexual intercourse was consensual,” said the Court of Appeals. “The court’s instructions on the elements of the offense and consent allowed Knapp to argue his theory of the case—that Ms. Spaulding consented to sexual intercourse and the State failed to prove forcible compulsion beyond a reasonable doubt.”

With that, the Court of appeals affirmed Knapp’s conviction.

Please contact my office if you, a friend or family member face criminal sex charges. Consent is a viable defense, and evidence of consent may be considered by the jury. Therefore, it’s imperative to hire a defense attorney knowledgeable of the law surrounding these issues.