Recently a Statutory rape charge I had with a client was brought up in an article, which I have posted below. My client, while reaching a reduced plea of indecent liberties with a minor, fell victim to the strict nature of this law. There is very little maneuvering for defenses to a statutory rape claim, was there sexual relations or not. This is why it is important to speak with a criminal defense attorney before ever talking to the police. It is a common and successful practice with detectives to say you raped her, being as this is a very vulgar and harsh claim. This puts the defendant on the defensive and naturally they say it was consensual. The police then have a confession to the intercourse, divulge to the defendant the age of the “victim” and arrest the defendant for statutory rape. Since statutory rape is essentially a strict liability offense, not knowing of the “victims” age is not a defense.
In the case talked about below in the article, my client was under the misguided belief that the “victim” (consensual relations and in a relationship) was of age. The strict nature of the offense does not take into account where the people met (bar, club etc.) or information presented to the other party (fake id’s or other clues of “victims” age). Unfortunately today with all of the online dating sites and gross amounts of misinformation it is incredibly easy for someone to get mixed up as to someones age. The statute does not take into account these advances in technology and where people meet (over 18 dating sites) and leaves many people very vulnerable. While the district attorney may have some sympathy, leaving it into an individuals hands is a dangerous proposition.
November 26th, 2013