Underage sex crime, such as statutory rape, may be defended by a young person’s deception about their age. It depends on the state and the individual criminal charge whether it is or not. It will also rely on the real age of the minor. The mistake-of-age defense is only available in some states if the minor was beyond a specified age.
Most states do not allow this defense
This defense is not allowed in most states. In situations involving sex with children, certain states, such as Utah, have implemented legislation prohibiting the use of the mistake-of-age argument. In other areas, like as Texas, courts have made it illegal to employ the defense. Adults in Texas, for example, are legally required to ensure that their sex partner is of legal age. No legal defense exists for a kid who lies about his or her age, no matter how persuasive the falsehood is.
California does accept this defense in some cases
This defense is allowed in many places as long as the minor is beyond a specified age. States have different critical ages and burdens of proof. It is an affirmative defense that the defendant must show in various states. In others, it is on to the prosecutor to defeat the defendant’s defense after it has been raised.
In general, the defendant must believe that the minor was over the age of consent in a good faith, honest, and reasonable manner. It may be proof that the defendant held this idea if the youngster lied about his or her age or presented a phony ID.
If the underage person’s true age was beneath a certain age, usually 13 or 14, these jurisdictions employ strict liability. The rationale for this is that adolescents under certain ages are so obviously underage that no reasonable person could believe otherwise.
What if we were about the same age?
Close-in-age exclusions to statutory rape accusations exist in most states. These laws, often known as Romeo and Juliet Laws, protect persons who are just over the legal age of consent in their state if they have intercourse with someone who is just under the legal age of consent in their state.
What is California’s legal framework?
The legal age of consent in California is 18 years old. Unlike most other jurisdictions, California’s statutory rape statutes do not include a close-in-age exemption or a Romeo and Juliet Law.
California, on the other hand, enables offenders charged with sex offenses involving minors to claim a mistake of fact defense. They can show that they had a reasonable and real belief that the minor was beyond the age of eighteen. If there is enough evidence to support this reasonable and real belief, the burden of proof shifts to law enforcement to prove it did not exist at the time of the violation beyond a reasonable doubt.
If you are facing serious criminal charges, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
