Paul is at a party hosted by a long-time friend when he meets Megan. Paul knows almost everyone at the party and knows that they are a group of young professionals in their twenties and thirties. When he talks with Megan she tells him that she is out of school and working at a local bar until she finds the job that she wants. Paul is very attracted to Megan and when he asks her to come home with him, she readily agrees. They have sex and the next morning Paul drops Megan off at her car and then drives to work. Two days later Paul is at home when he hears a knock at the door. He opens the door and finds the police asking him to talk about Megan and their evening together. Paul finds out that Megan is actually sixteen and in that jurisdiction she is under the age of consent.

Question

Please write a paragraph:1.  identifying the criminal charge Paul might face, 2.  the definition of that crime, 3.  the elements and the key facts that might support the prosecutor's case, and4.  the key facts that might support a defense for Paul.

What will be an ideal response?

Answer 1

Paul ma;y be charged with statutory rape.  This is the unforced sexual intercourse with an underage child and  is a strict liability offense in some states, which means that because Paul had sex with an underage girl he has no defense. Other states allow a reasonable mistake about the victim's age as a defense and in these jurisdictions Paul would be able to argue that Megan's statements about being out of school and looking for a real job led him to mistake her age.  Courts have recognized that today's teenagers are frequently sexually active, and they have taken that into account when looking at the circumstances to determine whether the mistake was reasonable. Some states specify an age gap between offender and victim for statutory rape.