David S.W. v. State

This case presents a question of statutory construction in relation to the apparently discriminatory effect of reading the provisions of the sex crimes statute in 11 Del.C. § 767(3) in conjunction with the sexual misconduct provisions in 11 Del. C. § 762.1 A literal reading of these statutes suggests that a youthful defendant who engages in sexual intercourse with a victim who is less than sixteen years old may be found guilty of second degree rape, while a defendant who is at least four years older than a young victim can be found guilty of the lesser offense of sexual misconduct. *1101We find…