MBE Rules · Criminal Law
Statutory rape
The rule
Statutory rape is sexual intercourse with a person under the age of consent. It is a strict-liability offense at common law and in most jurisdictions: neither the victim's consent nor the defendant's reasonable mistake as to age is a defense.
In plain English
Because age is a strict-liability element, a defendant who honestly and reasonably believes the victim is of age is still guilty in most states.
The trap
Do not apply the mistake-of-fact defense here — strict liability defeats it in most jurisdictions.
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