Walter Bruce Cornet, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals reversed the Court of Appeals and remanded, holding that the medical‑care defense to aggravated sexual assault is available to a layperson conducting a mere medical inspection, that the defense is subject to the doctrine of confession and avoidance, and that the appellant’s statements sufficiently admitted penetration. The majority reasoned that the statutory text, not the actor’s training, governs the defense’s availability and that the appellant’s evidence satisfied the confession‑and‑avoidance requirement. Justice Cochran dissented, arguing that the conduct described is not the type of medical care envisioned by the legislature and that no instruction should be given.