Should 'mistake as to age' be an affirmitive defense in statutory rape cases?

Delta4Embassy

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Dec 12, 2013
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Guess it is in some places, but isn't here in Missouri prompting the question especially in light of the 19 and 14yo thing.

What's a 16, 17, or 18 look like? Can most teenagers recognize a fake ID? Is asking for ID something teens are doing these days prior to having sex? If not, then isn't allowing for the possibility someone had a fake ID, or otherwise lied about their age to have sex or induldge in other 'adult' activites (drinking etc.) within the realm of possibility?

Short of asking the person you're with to prove they are their alledged age (however that'd work as with fake IDs,) isn't it a bit harsh to hold someone legally responsible for statutory rape when they didn't do the usual sort of things true sexual criminals do as with misrepresenting THEIR age or hanging out a minor-oriented website instead of an adult one?

If you're hanging around a playground (and don't have akid there yourself,) the reasonable assumption is you're up to no good. That's how it should be. But if you're at a bar (21+) and hookup with someone, beer goggles in full effect, should you really be liable for mistaking a mature-looking minor? Should you be liable meeting them online on a sex hookup website?
 
Actually, looking it up to double-check, Missouri does have an affirmitive defense. Until the change goes into effect, the 'no defense if' age is 13. So they raised it to 14 making it more restrictive.

"Beginning January 1, 2017--Mistake as to age--consent not a defense, when.

566.020. 1. Whenever in this chapter the criminality of conduct depends upon a child being less than fourteen years of age, it is no defense that the defendant believed the child to be older.

2. Whenever in this chapter the criminality of conduct depends upon a child being less than seventeen years of age, it is an affirmative defense that the defendant reasonably believed that the child was seventeen years of age or older.

3. Consent is not a defense to any offense under this chapter if the alleged victim is less than fourteen years of age. "

Dunno what a 17yo looks like vs a 14yo or 13yo, but that's why lawyers get paid lots of money, trying to make sense of this stuff is torturous on the brain. :)
 
Guess it is in some places, but isn't here in Missouri prompting the question especially in light of the 19 and 14yo thing.

What's a 16, 17, or 18 look like? Can most teenagers recognize a fake ID? Is asking for ID something teens are doing these days prior to having sex? If not, then isn't allowing for the possibility someone had a fake ID, or otherwise lied about their age to have sex or induldge in other 'adult' activites (drinking etc.) within the realm of possibility?

Short of asking the person you're with to prove they are their alledged age (however that'd work as with fake IDs,) isn't it a bit harsh to hold someone legally responsible for statutory rape when they didn't do the usual sort of things true sexual criminals do as with misrepresenting THEIR age or hanging out a minor-oriented website instead of an adult one?

If you're hanging around a playground (and don't have akid there yourself,) the reasonable assumption is you're up to no good. That's how it should be. But if you're at a bar (21+) and hookup with someone, beer goggles in full effect, should you really be liable for mistaking a mature-looking minor? Should you be liable meeting them online on a sex hookup website?
Held to the reasonable person standard.

I had personal experience with this. In college when I was 19 I met a 16 yr old girl at one of our frat parties and had sex with her. I met her at a college party. She held herself out as a college student. She looked young, but not under-aged. Say her parents pressed charges, none of this would matter. I would have been charged.
 
Guess it is in some places, but isn't here in Missouri prompting the question especially in light of the 19 and 14yo thing.

What's a 16, 17, or 18 look like? Can most teenagers recognize a fake ID? Is asking for ID something teens are doing these days prior to having sex? If not, then isn't allowing for the possibility someone had a fake ID, or otherwise lied about their age to have sex or induldge in other 'adult' activites (drinking etc.) within the realm of possibility?

Short of asking the person you're with to prove they are their alledged age (however that'd work as with fake IDs,) isn't it a bit harsh to hold someone legally responsible for statutory rape when they didn't do the usual sort of things true sexual criminals do as with misrepresenting THEIR age or hanging out a minor-oriented website instead of an adult one?

If you're hanging around a playground (and don't have akid there yourself,) the reasonable assumption is you're up to no good. That's how it should be. But if you're at a bar (21+) and hookup with someone, beer goggles in full effect, should you really be liable for mistaking a mature-looking minor? Should you be liable meeting them online on a sex hookup website?
Held to the reasonable person standard.

I had personal experience with this. In college when I was 19 I met a 16 yr old girl at one of our frat parties and had sex with her. I met her at a college party. She held herself out as a college student. She looked young, but not under-aged. Say her parents pressed charges, none of this would matter. I would have been charged.


Nowadays, with earlier puberty, increased sexualization of youth (girls trying to looker older and 'sexy') the chances of a genuine mistake as to age is even more 'reasonable' I would think.
 

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