Phillipson v. State
| Docket Number: | 2005-KA-02345-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-30-2006 Opinion Author: Diaz, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Lesser-included offense instruction Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-14-2005 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: Conviction of Statutory Rape and Sentence of Two and One-half (2 l/2) Years in the custody of the Mississippi Department of Corrections District Attorney: DAVID BYRD CLARK Case Number: 16196 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joshua Phillipson |
DAN W. DUGGAN, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Statutory rape - Lesser-included offense instruction |
| Summary of the Facts: | Joshua Phillipson was convicted of statutory rape. He was sentenced to two and a half years. He appeals. |
| Summary of Opinion Analysis: | Phillipson argues that he should have received a jury instruction on fornication because it presented a viable theory of the case. While a defendant is entitled to have jury instructions given which present his theory of the case, the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without evidentiary foundation. In the case of instructions regarding a lesser-included offense, the defendant may request an instruction regarding any offense carrying a lesser punishment if the lesser offense arises out of a nucleus of operative fact common with the factual scenario giving rise to the charge laid in the indictment. Phillipson admitted having sexual intercourse with the minor, while insisting it was consensual. Under our laws, a minor that fits the criteria of the statutory rape statute simply does not have the legal power to consent. The age of a minor is complete bar to the legal exercise of consent to sexual intercourse. Statutory rape is also a strict liability crime, and a defendant cannot maintain a mistake of age defense. As a result there are no lesser-included crimes to statutory rape. |
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