Texas Court of Criminal Appeals Divided Over Strict Liability in Statutory Rape Cases

In Fleming v. State of Texas, 2014 Tex. Crim. App. LEXIS 879 (June 18, 2014), nine members of the Texas Court of Criminal Appeals fractured over whether the defendant in a statutory rape case could argue in defense that he believed in good faith that his sexual partner was not underage. In common with most states, Texas has traditionally treated statutory rape as a strict liability offense: the prosecutor need only prove that the victim … <Read More>