A Vancouver client’s 2017 conviction for raping his wife have been thrown out by the Court of Appeals.
In a 3-0 ruling, appellate judges cited prosecutorial misconduct as grounds for reversal, including a Clark County deputy prosecutor’s comments about anal sex she made during closing argument.
The client, who was represented at trial by attorney Neil Anderson, was convicted of second-degree rape and third-degree rape and sentenced to 12 years in prison. After his wife called 911 to report she’d been raped, responding police officers asked the client whether the sex with his wife had been consensual. The client said his wife didn’t say yes or no and “just laid there” but said it was normal for his wife to not actively participate.
At trial in Clark County Superior Court, the deputy prosecutor asked the client a lot of questions about whether it was hygienic to have anal sex before vaginal sex without cleaning himself in between.
The client said he was unaware it was not hygienic and that he and his wife had done it before.
During closing argument, the deputy prosecutor told the jury the defendant’s sexual practices were “not normal” and “gross.”