Legal Question in Criminal Law in New York
statutory rape prosecutions
In satatutory rape prosecutions, what is the majority rule?
is it that there is no mistake of age defense?
thanks,
LW
Asked on 11/09/05, 12:16 pm
1 Answer from Attorneys
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: statutory rape prosecutions
'statutory rape' is a status offense. Mistake is not a defense. It is sufficient that the defendant have formed the mens rea to be intimate with that female and taken overt steps to implement that intention.
Answered on 11/09/05, 12:50 pm
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