Should some be guilty of statutory rape even if he can prove he really thought that the girl was of legal age?

Question

Suppose a 21 year old man goes to a bar, meets girl who looks 21 herself and, because of a fake id, got in the bar and bought drinks. He then takes her home and has sex with her, a common phenomenon with college-aged kids. The next day, the mother finds out and is outraged because the girl was only 15 years old. The mother tells the police and has the man arrested. Let's assume the man really did think that the girl was 21 and that the girl really did look 21. Should he be guilty?

Under current law in most states, he would be found guilty of statutory rape because the statutory rape laws in most states are "strict liability."

Please note: this is a totally fictional factual scenario.

let's assume for the sake of argument we can know that the man reasonably thought the girl was 21. please don't question the facts as presented to you--that's not the point of the exercise.

please, let's refrain from providing personal stories. No one wants to hear if you have done this, as the girl or the man.

people, please stop exhorting me to call a lawyer and please stop injecting personal stories into your answers. this is NOT REAL. it is FICTIONAL, and it was made up to spur a discussion about whether statutory rape law should be strict liability.

Answer 1

it may be the law, but it shouldn't be. Why should a guy be held liable for acting in a manner he has no reason to believe is illegal? The girl trapped him, and lied to him to make him believe she was of legal age. She should be prosecuted. No matter what his thoughts were about it, the fact was that her fake ID, presence in a bar and appearance should be enough to exonerate him.

Answer 2

If everything is true what you say which me and my girlfriends had fake Id's some of us used our sisters or cousins etc. People assumed we were 21 years old being in a club or bar so the subject really never would come up about age. If they were served drinks at a bar well what's up with that ? I do not think you should be guilty of rape for this but I'm sure you will be very careful next time. Why isn't the mom taking some responsibility for knowing where her 15 year old daughter is at night . She should not be out at a bar drinking . She is lucky she did not get seriously hurt or killed . If what you say is the truth they should not charge you with rape this could affect your future or shall I say you won't have much of one. You are young good luck! Mom s and dads take care of your children don't you watch the NEWS!!!

Answer 3

Yep, he should be guilty of statutory rape. Sucks that the girl lied, but she was 15. You have to be very carefully when take home a complete stranger. The moral of the story is only bang girls you know.

EDIT: Spunk - Just because the girl is breaking the law, it doesn't mean that she is suddenly legal to have sex with. She is still 15 years old. I think that not only should the man get thrown in jail for statutory rape, but the bar should be in trouble for serving a minor. 15 is still 15, no matter what the kid is doing. If the girl looks too young, don't take her home. Legally you can never have consensual sex with a 15 year old.

Answer 4

I'm just wondering where the mother of the girl was when her fifteen year old daughter was at the bar, and never came home? I think that it depends on if it was an 18+ bar at the time of their meeting. If a girl presents him with a fake ID as well, how is he to know? Granted I am not for the idea of sex before marriage at all, but to punish someone for doing this is rediculious. That mother cannot blame anyone but herself for her daughter being a whore, and a drunk.

Answer 5

I was in a bar one night around 11 pm. Met a girl who was there drinking. I left with her in her own car she was driving. Anyone would assume she was there legaly. Men should not have to ask to see your ID, you would be pissed if someone asked you wouldn`t you. She turned out to be 14 years old but looked 21. Can you still blame it all on the man

Answer 6

You can sue the mother for defamation of character for claiming things she has no evidence of really happening, but that may be up to a lawyer to take the case. The foster-mother has to file statutory rape charges not the cop. If mom gets the girl to say you forcibly raped her your in a "he said" "she said" circumstance and chances are if you take it to trial you should win, but don't hold me to that, I would suggest consulting an attorney. Remember they have to prove beyond a reasonable doubt in a court of law, especially family court.

Answer 7

I don't know how you guys get up the courage to ever have sex with anyone.

Guy out east is doing 8 years for rape. The women said yes, they started, then said no. He pulled out, but not "fast enough" and was sentenced to 8 years.

The American Puritan Ethic is alive and thriving.

Answer 8

Yes he is guilty of lewd and lascivious battery on a minor, and she would have to 16 in Florida to have consensual sex with a person over 18 but under 24. And ignorance of the age is not a legal defense.

Answer 9

last time I checked in my state [Florida] the minor has to be under 15 for this to apply.

and yes, he's guilty.


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In this day and age, casual sex is far too dangerous to be fooling around with bedding some bimbo you've only just met tonight in a bar.

Answer 10

Personally, I think allowances should be made if it was consensual (i.e. you can't rape the willing). In your case, I don't think he should be held responsible, as she was breaking the law to begin with and should never have been there, much less willing to go home with him.