Statutory Rape Provision Violated Minor's Federal Constitutional Rights

Vol 30 No 6

In re D.B., 2011 WL 2274624 (Ohio).

Provision in rape statute prohibiting a person from engaging in sexual conduct with a person under age 13 was unconstitutionally vague as applied to offenders who were themselves under age 13. Therefore, it violated the Due Process Clause of the U.S. Constitution since it encouraged arbitrary and discriminatory enforcement. The statute also violated the Equal Protection Clause since only one child under age 13 was charged for engaging in sexual conduct while others who were similarly situated were not.

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