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.
The correct answer is that the man can be found guilty of statutory rape because statutory rape is a strict liability crime in many jurisdictions, meaning that the prosecution does not need to prove the defendant's intent to commit the crime. In such cases, the voluntary and consensual nature of the sexual act is irrelevant if the victim is below the age of consent. Furthermore, the state's explicit exclusion of a mistake of fact defense precludes the man from arguing he did not knowingly engage in sexual conduct with a minor. While some jurisdictions allow a mistake of fact defense in statutory rape cases, this is not applicable when the statute explicitly disallows it. This ensures that individuals are held accountable regardless of subjective misunderstandings about the victim's age.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is a strict liability crime in the context of statutory rape?
Open an interactive chat with Bash
Why is the victim's consent irrelevant in statutory rape cases?
Open an interactive chat with Bash
What is a mistake of fact defense, and why is it not allowed in this case?
Open an interactive chat with Bash
Multistate Bar Examination
Criminal Law and Procedure
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .