Constitutional Law Keyed to Cohen
Michael M. v. Superior Court
Facts
The Petitioner, Michael M. (Petitioner), a seventeen and a half year-old male, sought to have California’s statutory rape law declared unconstitutional, on state and federal grounds, because the law defines statutory rape as “an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female is under the age of 18 years,” and thus, unlawfully discriminates on the basis of gender. The California trial and appellate courts denied the Petitioner’s request for relief. The Supreme Court of California upheld the judgments of the lower courts. The ruling of the Supreme Court of California was affirmed.
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