it's not statutory rape unless it is a knowing act. without mens rea it is an ordinary, noncriminal, creepy sex pest type of act. unfortunately there are many such actions
I believe, in the US at least, statutory rape is a strict liability crime. Not sure how I feel about that, but I'd say if nothing else, something like "they were 17, in a bar, and had a fake ID" should be sentenced more lightly than, say "there's no way you didn't know that was a 13 year old."
Ah you're right. I don't really like strict liability from a moral perspective. Wikipedia says the Traci Lords case the courts recognized a "good faith" defense, where the producers said essentially, look we did due diligence, thought she looked 18, checked her ID, and she still was underage and just lying to us. Precise legislation difficult in these fact-specific cases.
it's not statutory rape unless it is a knowing act. without mens rea it is an ordinary, noncriminal, creepy sex pest type of act. unfortunately there are many such actions
I believe, in the US at least, statutory rape is a strict liability crime. Not sure how I feel about that, but I'd say if nothing else, something like "they were 17, in a bar, and had a fake ID" should be sentenced more lightly than, say "there's no way you didn't know that was a 13 year old."
Ah you're right. I don't really like strict liability from a moral perspective. Wikipedia says the Traci Lords case the courts recognized a "good faith" defense, where the producers said essentially, look we did due diligence, thought she looked 18, checked her ID, and she still was underage and just lying to us. Precise legislation difficult in these fact-specific cases.