Hernandez v. State

Respectfully, I dissent. We granted the State’s petition for discretionary review to determine whether, in a prosecution under V.T.C.A, Penal Code, Section 22.011(a)(2) (hereinafter referred to as “Section (a)(2)”), a defendant must claim the complainant consented as a prerequisite to raising the promiscuity defense under V.T.C.A, Penal Code, Section 22.011(d)(1) (hereinafter referred to as “Section (d)(1)”).

The State charged appellant with violating V.T.C.A., Penal Code, Section 22.011(a)(2)(A), which prohibits an adult from intentionally or knowingly engaging in certain defecribed sexual…