Goodrow v. Perrin

I believe that this case presents serious equal protection and due process problems under N.H. CONST, pt. I, arts. 1, 15. RSA 632-A:3 does not require knowledge of the victim’s minority. This makes it unique under the Criminal Code. There is no rational basis upon which to distinguish this crime from other similar crimes.

For example, RSA 639:1 provides that a person is guilty of the crime of bigamy if, “having a spouse and knowing that he is not legally eligible to marry, he marries another.” (Emphasis added.) Under RSA 639:2, a person is guilty of incest if he “marries or has sexual…