Robert Dale Gray v. Robert Raines

662 F.2d 569 Robert Dale GRAY, Plaintiff-Appellant, v. Robert RAINES, Defendant-Appellee. No. 79-2717. United States Court of Appeals, Ninth Circuit. Argued March 10, 1981. Submitted March 30, 1981. Decided Nov. 23, 1981. Richard M. Barnett, San Diego, Cal., for plaintiff-appellant. William J. Schafer, Phoenix, Ariz. (argued), for defendant-appellee; Gerald R. Grant, Asst. Atty. Gen., Phoenix, Ariz., on brief. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and TANG, Circuit Judges, and ROBERT J. McNICHOLS, * District Judge. ROBERT J. McNICHOLS, District Judge: Gray was convicted in Arizona state court of second degree or "statutory" rape under A.R.S. § 13-611(B). He argues on this appeal that the Arizona statutory rape law (since repealed) under which he was convicted discriminated against males and therefore violated the Equal Protection Clause of the United States Constitution. He also argues that, because he was charged in the information only with first degree or forcible rape, his right to due process was violated when the trial judge included second degree rape in his charge to the jury. These contentions were rejected on direct…