Michael M. v. Superior Court of Sonoma County

Allowed for a sex-based bias in a statute regarding sexual offenses.

In June of 1978, three men, including the defendant Michael M., approached a 16 1/2 year old female and her sister. The 16 1/2 year old, Sharon, left the others with Michael M. and they began to kiss. When he made sexual advances and was turned away, Michael M. hit the young woman, and she then submitted to intercourse with him. A charge was filed in the Municipal Court of Sonoma County, California, that Michael M., a 17 1/2 year old male, had unlawful sexual intercourse with a woman under the age of 18, and was in violation of California's "statutory rape" statute. Michael M. sought to have this complaint set aside on both state and federal constitutional grounds, claiming that the statute unlawfully discriminated on the basis of gender since men alone could be charged under the law.