PEOPLE v. WORRELL

Docket No. 68630, (Calendar No. 11).

417 Mich. 617 (1983)

340 N.W.2d 612

PEOPLE v. WORRELL

Supreme Court of Michigan.

Decided November 21, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Michael W. LaBeau, Prosecuting Attorney, William D. Bond, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Kim Robert Fawcett) for the defendant.


KAVANAGH, J.

The dissent in this case, as the decision of the Court of Appeals, is based on the premise that a charge of statutory rape or criminal sexual conduct is made out by evidence of penetration of a female under the statutory age without regard to her consent. This is not disputed. The law traditionally has held that the consent of a person of such tender years to such acts will not be recognized and accordingly that consent is no defense to such a charge...

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