Thursday, December 28, 2006

"West Virginia" defense does not fly in S.C. Courts

In State v. Claypoole, Theresa Claypoole was convicted of contributing to the delinquency of a minor and accessory before the fact to criminal sexual conduct with a minor because she permitted her 49 year-old husband to have sex with her 13 year-old daughter. Claypoole raised the "West Virginia defense" when arguing that the trial court should have granted her motion for a directed verdict:

Regarding the propriety of Claypoole's forty-nine-year-old husband sleeping with her thirteen-year-old daughter, Claypoole stated she did not know why everyone made such a big deal out of them having sex because in West Virginia, where she was raised, the older men often taught young girls about sex to prepare them for their wedding nights.

The Court of Appeals affirmed the conviction. (Hat tip to Langdon Cheves)

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