Every law enforcement agency in the US would disagree with you. Lack of knowledge of her age is not something that would matter to them charging and finding you guilty.
That just seems crazy.
How could a person know? Their ID even says they are 21+.
I would think it matter for findings of guilt at least, which is done by courts (including juries) not law enforcement agencies.
When I was younger, 21 living in Florida, me and my buddy were at a picnic and there were a couple of girls flirting with us. We asked my friends SIL what their names were and if she knew anything about them. She told us their names and said, “oh, the one on the left is 14 and the one on the right is 15.” They looked a lot older than 14 & 15. We left the picnic.
My daughter is 15. Sometimes, she goes to the college gym with me where I work out. I don’t think she looks any younger than what I presume are the mostly 18-22 year old girls working out there. She’s been mistaken for a college age girl more than once, and it’s not like she even has a particularly womanly figure.
The law simply doesn’t care. If “I thought she was 18” was a valid defense then age of consent laws could hardly ever be prosecuted. If they are under 18 you are guilty, and I’m not sure how many juries will really be all that sympathetic to someone in their mid to late 30’s making that claim. 21 or 22 years old, maybe. 38? Please.
Yeah I get that. My comments prior were specific to someone under 18 hooking up with someone older who they met in a bar, and even having an ID that shows they are 21+.
I find it hard to believe that any jury in those circumstances would convict someone of statutory rape. I know I wouldn’t. There’s the law and then there’s justice.
I’m trying to remember who it was, and it seems like it was a MLB player but not sure ( I found the story and it looks like it was Felipe Vasquez ). He, hooked up with a 13 year old and used the “I thought she was 16” defense. Oof.
Yeah that would be hard one to pull off.
I know we have some lawyers around here. If a person is duped into breaking the law would that really be prosecuted let alone get a conviction?
As for the conviction: you can only introduce evidence in your defense that is relevant to your case. Someone under the age of 18 is legally incapable of consenting to sex. Hence, your (mistaken) state of mind does not give you a defense of consent.
I can see a judge considering such evidence when it comes to sentencing. And, I can see a jury looking at the victim and crediting the defendant with a defense that she looks 18+. But, technically speaking, it’s not a defense to guilt, as far as I know.
ETA: some states’s laws are different. But, FL is like what I described above. Statutory rape in FL is strict liability and ignorance of the victim’s age appears to not be a defense.
I’m not suggesting “she looks 18” is the defense, I’m suggesting “she was in a place and engaging in behavior that only 21+ year olds can legally engage in” is the defense.
I suppose we could even take it further. What if she showed the other person proof that she was 21+ with her ID?
I know what you’re saying and, as a technical matter, it does not make that evidence admissible at the guilt phase. Her age was what it was. The defendant’s reasons don’t matter at the guilt phase. I was merely pointing out that there are other ways in which the full story might still play a role: in the prosecutor’s discretionary decision whether to bring a case, at the sentencing phase, and perhaps even in the jury wrongly crediting the defendant with a defense. I agree with you that one could imagine a situation where this would all seem rather harsh. And, the prosecutor and the judge have ways to take that into account. But, technically, it is not admissible at the guilt phase, based on my quick reading of FL law.
I guess that’s how we get to the statutory rape cases that make the news from time to time because they rile people’s sense of justice. At least in some states they’ve added that age discrepancy bit so you don’t get some 18 year old kid convicted of raping his 17 year old partner.