A convicted rapist won’t get a new trial even though his judge gave incorrect jury instructions because he didn’t raise the issue when it mattered, the D.C. Court of Appeals has ruled.

Raymond Mozee tried to argue at his trial that his 16-year-old ex-girlfriend had consensual sex with him in the summer of 2000 and that he only struck her after she flew into a jealous rage because another girl called. Trial judge Shellie Bowers told jurors, however, that they shouldn’t “get into this business of consent” until they decided that prosecutors had otherwise proven their case.