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TATE v. BOARD OF EDUCATION

No. 0036, Sept. Term, 2003.

843 A.2d 890 (2004)

155 Md. App. 536

Tanika TATE v. The BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY.

Court of Special Appeals of Maryland.

March 5, 2004.

Attorney(s) appearing for the Case

Jon D. Pels (Pels, Anderson & Lee, LLC on the brief), Bethesda, for appellant.

Roger C. Thomas (Terry L. Bell, Knight, Manzi, Nussbaum & LaPlaca, P.A. on the brief), Upper Marlboro, for appellee.

Argued before DAVIS, GREENE, SHARER, JJ.

SHARER, Judge.

The question presented in this appeal, one of first impression, is whether the voluntariness component of the defense of assumption of the risk in a civil action is negated as a matter of law because the victim's consent is not a defense to the criminal offense of statutory rape.1

Appellant, Tanika Tate, seeks review of a motion for judgment entered against her in the Circuit Court for Prince George's County. Appellant...

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