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25 Howard L.J. 341 (1982)
Constitutional Law - Statutory Rape - Gender-Based Classification regarding Statutory Rape Law Is Not Violative of the Equal Protection Clause of the Fourtheenth Amendment - Michael M. v. Superior Court

handle is hein.journals/howlj25 and id is 351 raw text is: CONSTITUTIONAL LAW-STATUTORY RAPE-GENDER-BASED CLASSIFICATION REGARDING STATUTORY RAPE LAW IS NOT VIOLATIVE OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT Michael M v. Superior Court' Prior to trial, petitioner, a seventeen and one-half year old male charged with having sexual intercourse with a sixteen and one-half year old female in violation of California statutory law,2 sought to set aside the in- formation on both state and federal constitutional grounds.3 He asserted that the statute unlawfully discriminated on the basis of gender since men alone were criminally liable thereunder.4 The California Supreme Court upheld the statute,5 after the trial court and the California Court of Appeal denied relief to petitioner. On appeal, the United States Supreme Court affirmed.6 The Supreme Court held that section 261.5 of the California Pe- nal Code, California's statutory rape law, was not violative of the equal protection clause of the fourteenth amendment.7 BACKGROUND Statutory rape has been defined as consensual sexual intercourse by a male with a female under a designated age.8 Two elements are needed to complete the crime: the act of sexual intercourse and the age of the female. The underage female's consent is not recognized as valid by law.9 The early English common law did not deem sexual intercourse with any female to be a crime.)0 In 1275, the first English statutory rape law 1. Michael M. v. Superior Court, 450 U.S. 464 (1981). 2. CAL. PENAL CODE § 261.5 (West Supp. 1981) provides: Unlawful sexual intercourse in 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. 3. 450 U.S. 467. 4. Id 5. Michael M. v. Superior Court, 25 Cal. 3d 608, 601 P.2d 572 (1979), af 'd, 450 U.S. 464 (1981). 6. 450 U.S. at 467. 7. Id 8. State v. Gauthier, 113 Or. 297, 304, 231 P. 141, 144 (1924). 9. See e.g., State v. Bailor, 104 Iowa 1, 2, 73 N.W. 344, 345 (1897), wherein a male defendant was convicted of having unlawful sexual intercourse with a female under the statu- tory age limit of fifteen. The court, as to the fourteen year old prosecutrix, deemed it immate- rial whether the sexual intercourse was by force and against her will, or not, so far as the question of guilt was concerned. 10. 4 W. BLACKSTONE, COMMENTARIES 210.

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