In cases of alleged sexual assault where there is no evidence of bodily injury or forcible rape, such as “date-rape” cases, the non-consent of the victim establishes the sexual assault. This is particularly true in the (relatively few) jurisdictions that have no requirement of force or compulsion. Is non-consent an element of the crime? If so, is evidence offered by the defendant to prove con- sent an affirmative defense? Who has the duty to prove consent or non-consent, the prosecution or the defendant? If it is the prosecution, what duty if any does the defendant have? See State v. W.R., 336 P.3d 1134 (Wash. 2014).
