People v. Secret

Nearly one hundred years ago, Justice Stephen Field observed: “When we take our seats on the bench we are not struck with blindness, and forbidden to know as judges what we see as men.” (Ho Ah Kow v. Nunan (D.C. Cal. 1879), 12 F. Cas. 252, 255.) With all due respect, I believe the majority, by their action in the instant case, ignores this sage advice.

Preliminarily, I must acknowledge concurrence with the views recentiy expressed by the highest court of our land:

“We do not discount the seriousness of rape as a crime. It is highly reprehensible, both in a moral sense and in its almost total…