In a forcible rape prosecution where a defense asserts consent and a state statute provides that the defense bears no special burden, which statement about the burden of proof on consent is correct under due process?

• A. The defense bears the burden to prove lack of consent beyond a reasonable doubt.
• B. The prosecution bears the burden to prove lack of consent beyond a reasonable doubt.
• C. Lack of consent is an element; the defense must prove consent beyond a reasonable doubt.
• D. The court should instruct that consent is a defense that the defense must prove by preponderance.

Answer: (B)