Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont, 181. köide |
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Page 107
Again , the recent amendment to the statute undercuts the majority ' s position .
The Legislature narrowed the offense of statutory rape so that consensual sexual
activity between a child at least fifteen years of age and another person of ...
Again , the recent amendment to the statute undercuts the majority ' s position .
The Legislature narrowed the offense of statutory rape so that consensual sexual
activity between a child at least fifteen years of age and another person of ...
Page 132
The rule that an underage child cannot consent to sex need not derive from
statute , as suggested by the dissent , but is a part of common law . Vermont ' s
common law carried over from England , 1 V . S . A . $ 271 , ' included the statute
18 ...
The rule that an underage child cannot consent to sex need not derive from
statute , as suggested by the dissent , but is a part of common law . Vermont ' s
common law carried over from England , 1 V . S . A . $ 271 , ' included the statute
18 ...
Page 143
Despite the statutory language , virtually all of the majority ' s rationale is based
on cases that apply and explain the statutory rape provision , at least as it ... It is
not a quote from or construction of the statutory rape statute , or any other statute .
Despite the statutory language , virtually all of the majority ' s rationale is based
on cases that apply and explain the statutory rape provision , at least as it ... It is
not a quote from or construction of the statutory rape statute , or any other statute .
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abuse action acts Affirmed agree alleged allowing amendment appeal application argues argument arrest assertion attorney authority award Board cause charged child circumstances Cite as 181 claim common concluded conduct consent consider consistent constitutional construction contract conviction custody damages decision defendant defendant's denied Department determine discretion District easement effect enforcement error evidence fact failed family court father fees filed findings further granted hearing held holding intent interest issue judgment jury land Legislature limited majority mother motion noted object offense officer options parent parties performance person plain plaintiff police practice present prior proceedings question reasonable record request response result rule sexual sexual assault specific standard statements statute statutory superior court testified testimony tion tort Town trial court vehicle Vermont Vermont Constitution violation