Sumpter v. State

Dissenting Opinion

DeBruler, J.

I find that I must dissent from the majority in this case since I cannot agree with its construction of a presumption in all crimes where an element of the offense is the sex of the defendant, and because I believe this statute violates both the Due Process and Equal Protection Clauses of the Constitution.

In its opinion the majority identifies the “most fundamental element” of this crime as the sex of the defendant and then proceeds to relieve the State from proof of this element by creating a judicial presumption. In criminal cases a court should be extremely…