Multistate Bar Examination Practice Question

A 20-year-old man engages in sexual relations with a 16-year-old girl after she actively consented to the act. The age of consent in their state is 17 years old. The man claims that she lied to him about her age, telling him that she was 18 years old. The state criminal statute does not recognize a mistake of fact defense in statutory rape cases. Can the man be found guilty of statutory rape?

  • Yes, he can be found guilty of statutory rape because he engaged in sexual activity with someone below the age of consent, and the statute does not allow a mistake of fact defense.

  • No, he cannot be found guilty of statutory rape because she actively consented to the sexual act, making the encounter lawful.

  • Yes, he can be found guilty of statutory rape because statutory rape requires proof of intent to engage in an illegal act, which he demonstrated by not verifying her age.

  • No, he cannot be found guilty of statutory rape because he reasonably believed she was over the age of consent based on her claim of being 18.

Multistate Bar Examination
Criminal Law and Procedure
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