Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant is charged with statutory rape. The defendant believed the victim was 18 years old, based on the victim's appearance and statements. However, the victim was actually 15 years old. In a jurisdiction that applies the traditional common law approach to statutory rape (strict liability), which of the following is true regarding the defendant's belief about the victim's age?
- AIt is a valid defense regardless of reasonableness.
- BIt is irrelevant to guilt.
- CIt is a valid defense if the belief was reasonable.
- DIt can mitigate the sentence but not negate guilt.
Show answer & explanationAnswer & explanation
Correct answer: B. It is irrelevant to guilt.
At common law, statutory rape is a strict liability offense. This means that the prosecution does not need to prove mens rea (guilty mind) regarding the victim's age. The defendant's mistaken belief about the victim's age, even if reasonable, is irrelevant to guilt.
Why the other options are wrong
- A. This is incorrect; even in jurisdictions allowing a mistake of age defense, it usually must be reasonable.
- C. This would be true in jurisdictions that have adopted a 'reasonable mistake of age' defense, but not under strict liability.
- D. While some jurisdictions might consider it for sentencing, it does not negate guilt for a strict liability offense.
Strict Liability Crimes (Common Law)
Offenses where the prosecution does not need to prove mens rea (guilty mind) regarding one or more elements of the crime; the mere commission of the act is sufficient for guilt.
- Commonly found in public welfare offenses (e.g., selling adulterated food).
- Statutory rape is a classic example at common law.
- Mistake of fact is generally not a defense to strict liability crimes.
Memory trick: Act, Mind, Cause, Harm: The Criminal Puzzle.