Opinion

Fleming, Mark Alexander

  • 455 S.W.3d 577
  • 2014 Tex. Crim. App. LEXIS 1959
  • 2014 WL 8508552
Court
Court of Criminal Appeals of Texas
Filed
Jun 18, 2014
Status
Published
Author
Cochran
On the bench
Meyers, Keasler, Hervey, Cochran, Alcala, Keller, Price, Johnson, Womack
Cited by
49 cases
Authority
More cited than 11.8%

stating belief that “Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape” but “reluctantly” joining majority opinion and recognizing that her belief “is not a current state of the law in Texas”

How later courts described this case

  • stating belief that “Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape” but “reluctantly” joining majority opinion and recognizing that her belief “is not a current state of the law in Texas”
  • stating that she “would hold that, after Lawrence v. Texas, in a limited number of child sex cases, due process requires the submission of an affirmative defense of reasonable mistake of age”
  • holding that there is no culpable mental state with respect to the child’s age in a prosecution for sexual assault of a child, which is a strict-liability offense
  • affirming conviction for aggravated sexual assault and finding no constitutional violation in failure to require mens rea as to victim’s age

Written by the judges who cited it.

The opinion

COCHRAN, J.,

filed a concurring opinion.

For the reasons set out in my concurring opinions in Cells v. State 1 and Farmer v. State, 2 I believe that the Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape. Nonetheless, I recognize that this is not the current state of the law in Texas, and therefore I reluctantly join the majority opinion.

. 416 S.W.3d 419, 441-58 (Tex.Crim.App.2013) (Cochran, J., concurring).

. 411 S.W.3d 901, 908-18 (Tex.Crim.App.2013) (Cochran, J., concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.