Boulding v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of two counts of sexual abuse of a child, and assessed his punishment on each count at 10 years confinement in the Texas Department of Corrections, and a fine of $5,000.

On appeal, the Houston (14th) Court of Appeals reversed the conviction. Boulding v. State, 696 S.W.2d. 457 (Tex.App.—Houston [14th] 1985) holding that appellant was improperly denied the defense of “promiscuity” as defined in the now-repealed V.T.C.A. Penal Code Section 21.-10(b). Although that statute specifically limited its application to…