A Rape Statute that Only Punishes Men Does Not Violate the Texas ERA
Collins, James W.
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Examines the Texas Court of Criminal Appeals’ decision in Finley v. State. In Finley, the court held that a Texas rape statute that punished only men as the actual perpetrator of the crime did not violate the Texas Equal Rights Amendment. The court reasoned that the statute affected both men and women equally, as women could be prosecuted “if she were found to have assisted a man in committing rape.” The author recognizes that the statute comports with “basic common sense,” but doubts the court’s decision that it comports with the Texas Equal Rights Amendment, describing the opinion as muddled and illogical.