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Constitutional Law Keyed to Maggs
Michael M. v. Superior Court of Sonoma County
Citation:450 U.S. 464 (1981)
The question presented is whether California’s statutory rape law violates the Equal Protection Clause of the Fourteenth Amendment. The California Penal Code defines unlawful sexual intercourse 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. The statute thus makes men alone criminally liable for the act of sexual intercourse. Petitioner, a 17-year-old male, was prosecuted for having sex with a 16-year-old female.
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