People v. Worrell

The dissent in this case, as the decision of the Court of Appeals, is based on the premise that a charge of statutory rape or criminal sexual conduct is made out by evidence of penetration of a female under the statutory age without regard to her consent. This is not disputed. The law traditionally has held that the consent of a person of such tender years to such acts will not be recognized and accordingly that consent is no defense to such a charge.

Likewise, consent is no defense to a charge of attempt to effect such sexual penetration.

However, proof of penetration or attempt to penetrate…