Does the presumption of sexual assault apply to a plaintiff who failed to instruct the court regarding the on-the-person exception?
MultiRegion, United States of America
The following excerpt is from Allen v. County Court, Ulster County, 568 F.2d 998 (2nd Cir. 1977):
7 Because we find the presumption unconstitutional, we need not reach either (1) the question of whether the appellees forfeited their claim based on the court's failure to instruct regarding the "on the person" exception by failing to object to the trial judge's charge on this basis, see Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), or (2) the merits.
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