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SCOTT v. UNITED STATES

Nos. 12104, 12205 and 12265.

412 A.2d 364 (1980)

Edwin L. SCOTT, Appellant, v. UNITED STATES, Appellee. Richard DEWS, Appellant, v. UNITED STATES, Appellee. William O. C. BROOKING, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 7, 1980.

Attorney(s) appearing for the Case

Fred W. Bennett, College Pond, Md., for appellant Scott.

Thomas W. Farquhar, Washington, D. C., appointed by this court, for appellant Dews.

Lawrence Singer, Washington, D. C., appointed by this court, for appellant Brooking.

John W. Polk, Asst. U. S. Atty., Washington, D. C., for appellee. Earl J. Silbert, U. S. Atty., Washington, D. C., John A. Terry, Michael W. Farrell, and Joseph B. Valder, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Robert I. Richter, Washington, D. C., for appellee in No. 12104.

Richard C. Otto, Washington, D. C., for appellee in Nos. 12104, 12205, and 12265.

Carol E. Bruce, Washington, D. C., for appellee in No. 12205.

Ann P. Gailis, Washington, D. C., for appellee in No. 12265.

Before NEWMAN, Chief Judge, and PAIR and YEAGLEY, Associate Judges, Retired.

YEAGLEY, Associate Judge, Retired:

Appellants were found guilty by a jury of statutory rape under D.C.Code 1973, § 22-28011 and brought this appeal. Finding error in the record, we reverse.

At the time of the crime the complainant, herein referred to as A. J., was 13 years old. The day before the crime, her parents had forbidden her to see her boyfriend, Michael, then 15 years old. Nevertheless, on April 2, 1976, A. J. went...

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