Reply To: NARSOL supports man who won rare constitutional challenge

obvious answers

The article is partially not accurate. Its statement that only Hawaii is easing the burden of proof to defence from prosecution is not correct. It is a common trend among states.
Many states including michigan have shifted the burden of proof to the defence rather than the prosecutorial.
As an example : Michigan (and Texas,among others) have NO exception or acceptance for the possibility or too include the possibility that the “victim” has been dishonest and/or misrepresented their age. It is called strict liability laws. Not even shifting of the burden but completely placing all burden and removing of defense.
So as an example: you meet an underage person in a tavern or alcohol establishment in Michigan.Said person either misrepresents/lies about their age, or it is an alcohol establishment and is required to be 18 or above so you assume age threshold.(id at door) Next This person later has sexual behavior of any type (does not require penetration) with you and you are over the age threshold any degree, you will be going to prison and registering for lifetime or past death does you part.. There is allowed NO defense for you.Not only is all burden shifted to you all defence is removed from you!! It is not even legal to state a defense!! Strict liability laws insure you are guilty beyond all doubt and are not only not allowed a defense it is illegal for the other person to even stand in your defence if they would otherwise choose to!! That is clearly an example of shifting the burden of proof to the accused and away from the accuser. And it is commonplace and has been since the mid 1990s. I know this for a fact as well since I was sentenced under those laws in 1997 and sent to prison for 5 years and eventually after a dozen retro active sentencings the lifetime registry for a girl I met in a bar and a consensual night. She found out she was pregnant pointed at me, who had given her my address and name since i didn’t know she was underage and to prison i went..oh and the child? dna later demonstrated not even mine..
I will include a link here of an example of anouther person’s story to show it is not isolated. if it is allowed to share it.