The opinion
OPINION
ONION, Presiding Judge.
This is an appeal from a conviction for rape of a child, where the punishment was assessed by the jury at ten (10) years’ imprisonment and a fine of $5,000.00, probate ed.
On appeal appellant’s sole ground of error is the conviction is based upon V.T.C.A., Penal Code, § 21.09, which statute is unconstitutional in that it invidiously discriminates against males in violation of the Fourteenth Amendment, United States Constitution, and Article I, § 3a of the Texas Constitution.
This same contention was raised in and answered adversely to appellant’s argument *387 in Ex parte Groves, 571 S.W.2d 888 (Tex.Cr.App.1978). We adhere to Groves.
The judgment is affirmed.