- 1. Carnal K
- 2. Female child
- 3. Under age of consent (10 at CL)
- Reasonable Mistake of Fact as to age no defense at CL and many/most jurisdictions.
- The law in CA is that if you are under 18 and of either gender and have consensual sex with someone else who is also under 18 you have committed a crime.
- This is the current law.
- There is a lowering of the punishment if they are within four years of each other; it's not as serious a crime.
- In CA--if both under 18 but within 3 years, it’s a misdemeanor.
- Age varies among states
- Some states still only find man guilty.
People v. Hernandez
- Female was 17 years and 9 months and sex was consensual.
- At this time the statute was gender specific.
- Argument for ∆ on appeal was that he didn't know she was under 18.
- Prior to this decision even if you showed fake id to say you were 19 and looked 19 and the person really thought you were that was not a defense.
- Even a reasonable mistake was not a defense.
- CA says that it was an error. CA says its changing statutory rape.
- In the majority of cases statutory rape is essentially a strict liability crime.
- The theory today is that the consent is not valid if you are under the age of 18.
- There is no such thing as valid consent (this isn't anywhere near why the law was enacted).
- Mistake due to age not allowed (strict liability)
- Statute clear, no mens rea required.
- Originally a crime due to property right of father over daughter.
