what if the man says or prooves that he was mislead or had no reason to doubt the girl's age who claimed to be over 16 which in fact is under 16, and that sex was conssential, can he use that as a defence?
is it statutory rape?
=)
2006-11-30 00:04:19 · 12 answers · asked by natsagagirl246 1 in Politics & Government ➔ Law & Ethics
Only if you can sho she intentionally misrepresented her age
2006-11-30 00:20:51 · answer #1 · answered by Anarchy99 7 · 1⤊ 0⤋
It depends on where you live. Unfortunately it is often the case that even if the girl said she was of legal age someone can be prosecuted . In certain areas there is a proviso that if you are 18 or below (or maybe younger than 18) then you can be excused for not knowing the girls age. Seems like a stupid proviso to me because if you were closer to the girl's age I would think you would have more chance of actually guessing her true age rather than just relying on trusting that the girl is telling the truth. There have been a couple of high profile cases recently where underaged girls have lied and the man has been found guilty. It seems to be the case that being mislead is not a mitigating circumstance. I would suggest your best bet would be to get some legal advice.
2006-11-30 00:14:20 · answer #2 · answered by Olly Octopus 3 · 1⤊ 0⤋
Circumstantial evidence can help: like she's in a bar drinking beer. One can presume by law she's of age. If you can prove with witness testimony than you have a defense. Or if she's in possession of fake ID and you can prove it. Courts of law aren't about right and wrong, legal or illegal, ONLY about what can be proved by either side: prosecution or defense. The burden of proof they say is on the prosecution but don't you believe it. Now a days: you are guilty unless proven innocent. You need a top gun attorney!! It is considered statutory rape unless you can provide evidentiary defense not he said she said defense.
2006-11-30 00:12:12 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Very difficult to prove he didn't know. Likewise, it doesn't matter if sex was consensual. It's still statutory rape. Wanna be on the safe side? Date older women.
2006-11-30 00:07:07 · answer #4 · answered by crispy 5 · 0⤊ 0⤋
you will penitentiary! At your age, why could you have intercourse with an 18 12 months previous? Are you that desperate? next time...get some identity from them previously having intercourse with them...i desire you circulate away for a protracted time!
2016-10-13 10:24:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes, he can escape conviction. even a judge is mislef bylooking at the appearance of a person .presented in court.
2006-11-30 00:24:15 · answer #6 · answered by wilma m 6 · 1⤊ 0⤋
No, he cannot use it as a defense. Ignorance is no excuse for breaking the law, in most cases.
2006-11-30 00:07:53 · answer #7 · answered by Anonymous · 0⤊ 1⤋
No. he cant. there is a presumption that every person is expected to know every single piece of offence committable.
2006-11-30 00:08:20 · answer #8 · answered by HMG M 3 · 0⤊ 1⤋
No YOU can't use that excuse. You're going down my friend.
2006-11-30 00:08:38 · answer #9 · answered by Faux News 3 · 0⤊ 1⤋
He still needs to go to jail.
2006-11-30 00:09:26 · answer #10 · answered by mamabag06 2 · 0⤊ 1⤋