A defendant was found guilty of having forcible sexual intercourse with a fifteen-year-old female of previous chaste character. He is charged, convicted, and sentenced for violating two statutes:

(a) common-law rape involving force and lack of consent and

(b) statutory rape involving intercourse with a minor of previous chaste character. On appeal, the defendant contends that his sentence violates the Double Jeopardy Clause of the Fifth Amendment. What arguments are his counsel likely to present to the appellate court? What should be the appellate court’s decision?