Legal Opinion · Dissent

State v. Yanez

Supreme Court of Rhode Island

Decided August 4, 1998No. 97-110-C.APublished

1DissentFlanders, Justice

I respectfully dissent. I cannot believe that the Legislature intended that G.L.1956 § 11-37-8.1 (Rhode Island’s statutory-rape law) — carrying a mandatory-minimum sentence of twenty years in jail — should be construed by the Judiciary to bar an accused teenager’s reasonable mistake-of-age defense to charges based upon his engaging in consensual sexual acts with his teenaged girlfriend. The unavoidable result of such a draconian interpretation of this law is the imposition on this defendant, Alejandro Ya-nez (Alex) — a young man who was barely eighteen years old at the time of this incident —…

2Cases cited40 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. People v. HernandezCalifornia Supreme Court · 1964
  3. Collins v. StateMississippi Supreme Court · 1997
  4. People v. VogelCalifornia Supreme Court · 1956
  5. State v. BryantSupreme Court of Rhode Island · 1996

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