Moore was the only vote in favor of a day care worker who raped a 12-year-old, claiming there was no ‘implied threat of serious physical injury’.
In 2015, while Moore was serving on the Alabama Supreme Court, he considered the case of Eric Lemont Higdon, a 17-year-old, who was convicted of raping a 12-year-old at a daycare center. Higdon was found guilty under a sodomy statute that applied specifically to minors, as well another statute prohibiting rape. The second conviction was overturned by an appeals court and sent to the state supreme court for review.
Eight justices found that the 12-year-old’s fear of harm from a much older and larger individual was enough to establish “implied threat of serious physical injury” and reinstated Higdon’s conviction. Moore was the only dissent, saying that there was “no evidence in this case of an implied threat of serious physical injury.”
- Think Progress