State v. Rosachi

Upon the trial judge’s own motion, we are here asked to consider reserved constitutional questions directed at § 6-63(C), W.S.1957, Laws, 1971, Ch. 70, § 1:

“Whoever unlawfully has carnal knowledge of a female child fifteen (15) years of age or over and under the age of eighteen (18) years with her consent shall be guilty of third-degree rape and shall be confined in the county jail for not more than one (1) year.”

The defendants, six young men, were charged with third-degree rape on July 29, 1975, of two girls under the age of 18 years, four defendants as to one of the girls and the other two…