Legal Question in Criminal Law in California

Re: Online dating and questioning their age

The previous answer is incorrect in that a reasonable mistake of fact, if it makes you innocent, is a complete defense to a charge of statutory rape. (See People v. Hernandez (1964) 61 Cal.2d 529, 535.)

Even so, it is clear that you know better in this case. You can go through with this meeting if you like. I would gladly help you explain to the police, prosecutor and jury how you thought she was 18. But I suspect that your life will work out a lot better if you let this one go.

Good luck, and make the right choice here.

Re: Online dating and questioning their age

It appears that you have a reasonable belief in the person's age being over 18 years. Thus, it would seem that there is no problem *meeting* this person.

However, no reasonable belief will absolve you of charges of statutory rape if you engage in any sex acts with this person, and the person turns out to be under 18. When it comes to statutory rape, your beliefs - however honest and reasonable - will not be a defense. It doesn't matter if he or she has a birth certificate, drivers license and an affidavit from the Governor - if he or she is under 18, you're skewered.

The practical result: you can meet this person, but don't do anything *else* until you are absolutely sure that the person 18 or over. There is nothing you can do to protect yourself in the event this person is underage.