MYNORTHWEST NEWS

Washington Supreme Court rules on ‘sleep sex’ defense

Oct 25, 2012, 2:39 PM | Updated: 3:11 pm

A woman who claimed she was asleep when she had sex with an underage boy will have to prove that defense at trial.

The state Supreme Court ruled that Lindy Deer presented an “affirmative defense,” meaning the burden of proof does not fall on the prosecution.

“We will not have the burden of proving that she was awake,” said King County Deputy Prosecutor Andrea Vitalich. “She will have the burden of proving, by preponderance, that she was asleep when these acts occurred.”

Prosecutors claim Deer had sex with a 15-year-old boy on multiple occasions in 2006. She was 52 at the time.

In 2009, a jury convicted her on three-counts of child rape, but the conviction was overturned due to an error in charging documents.

Prosecutors plan to try the case again, but asked the state Supreme Court to rule on who should have the burden of proof if Deer were to present her “sleep sex” defense at trial.

Seven of the court’s nine justices sided with the prosecution and said the burden should be on the defense.

Lila Silverstein, an attorney with the Washington Appellate Project, represented Deer on appeal. She calls the state Supreme Court decision “dangerous,” and said it violates due process.

She pointed to a more common scenario, such as a woman who is “drugged,” then raped by an underage boy.

“The question in this case is, ‘Who bears the burden of proving which one of those people is telling the truth? Which one of those people did commit the act?'” she said. “Our position is it has to be the state that bears that burden.”

MyNorthwest News

woodinville fire...

James Lynch

Woodinville woman tries to rebuild after husband dies trying to rescue her from house fire

A Woodinville woman is trying to rebuild after a house fire killed her husband, Don Webb, and destroyed the home and belongings they shared.

29 minutes ago

robbery...

James Lynch

Robbery suspect arrested after barricading himself in Seattle apartment

A suspect was taken into custody early this morning after a reported shoplifting involving a gun, leading authorities to an apartment in Seattle.

1 hour ago

Mississippi...

BILL BARROW and SOPHIE BATES, The Associated Press

Mississippi elects Democrat Scott Colom as state’s first Black US senator since Reconstruction

Democratic nominee Scott Colom has defeated Republican Sen. Cindy Hyde-Smith in Mississippi's closely contested U.S. Senate race.

2 hours ago

Kalshi...

Luke Duecy

Bellevue man sues Kalshi for $580,000 as CFTC investigates prediction market

A Bellevue man is suing prediction-market company Kalshi, seeking to recover more than $580,000 he said he lost betting on sporting events.

2 hours ago

building collapse...

Associated Press

Firefighters dig through rubble after NYC building collapse kills 1 and traps people in wreckage

Firefighters dug through the rubble of a three-story building in Brooklyn after it collapsed at the edge of a construction site, killing at least one person.

3 hours ago

Orcas Island Ferry...

Julia Dallas

San Juan County declares emergency over Orcas Island ferry terminal damage

San Juan County has issued a declaration of a state of emergency due to damage at the Orcas Island ferry terminal.

5 hours ago

Washington Supreme Court rules on ‘sleep sex’ defense