May v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

A jury convicted Appellant of sexual assault and assessed Ms punisliment at confinement for fifteen years in the penitentiary. The conviction was affirmed. May v. State, 903 S.W.2d 792 (Tex.App.—Dallas 1995). We granted discretionary review to determine whether the promiscuity defense was available when the complainant was fourteen years old at the time of the offense but the alleged promiscuous conduct occurred before she reached fourteen. We will reverse.

Appellant was charged under V.T.C.A. Penal Code, § 22.011(a)(2),…