Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureEasy
A defendant is charged with statutory rape. The defendant genuinely believed the victim was 18 years old, based on the victim's appearance, statements, and fake identification presented. The jurisdiction's statutory rape law defines the offense as sexual intercourse with a person under 16 years of age, without requiring proof of the defendant's knowledge of the victim's age. Can the defendant successfully assert a mistake of fact defense?
- AYes, because the defendant lacked the mens rea to commit statutory rape.
- BNo, unless the defendant can prove the victim intentionally misled him regarding her age.
- CYes, because the defendant's mistake was reasonable under the circumstances.
- DNo, because statutory rape is a strict liability crime regarding the victim's age.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because statutory rape is a strict liability crime regarding the victim's age.
Statutory rape is almost universally considered a strict liability crime concerning the victim's age. This means the prosecution does not need to prove the defendant knew the victim's age, and a reasonable mistake of fact about age is not a defense.
Why the other options are wrong
- A. This is incorrect. For strict liability crimes, the mens rea requirement for the element in question (e.g., victim's age) is dispensed with entirely.
- B. This is incorrect. Even if the victim misled the defendant, it generally does not negate liability for strict liability offenses where the defendant's knowledge of age is irrelevant.
- C. While the mistake may have been reasonable, it is not a defense for strict liability crimes like statutory rape where age is concerned.
Strict Liability Crimes (Age)
Strict liability crimes are offenses where the prosecution does not need to prove a specific mental state (mens rea) regarding one or more elements of the crime. For statutory rape, the defendant's knowledge or belief about the victim's age is typically irrelevant; a mistake of fact as to age is not a defense.
- No mens rea required for certain elements (e.g., victim's age in statutory rape).
- Mistake of fact, even if reasonable, is generally not a defense.
- Often involves public welfare offenses or crimes protecting vulnerable groups.
Memory trick: Intent's a must, unless the law says 'trust no age, it's just'.