Lamar v. State

Jordan, Justice.

The appellant was convicted of the forcible rape of a 13-year-old female and appeals.

1. The appellant challenges the constitutionality of Georgia’s rape statute as being violative of the equal protection clause of the Fourteenth Amendment to the United States Constitution. The appellant shows that under Code Ann. § 26-2001 only males are subject to criminal liability: "A person commits rape when he has carnal knowledge of a female, forcibly and against her will...” According to the appellant, this statute creates a gender based classification and discriminates against males on…