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The intention was to get intoxicated and hopefully “hook up” with some girls – certainly not an unusual practice for 19 year olds.
My client advised me that he was acutely aware of the danger of having sex with underage girls because a friend of his had recently gone to prison for doing so.
The unusual part of the statute, as compared to most criminal statutes, is that it creates a strict liability standard.
What I mean by that is that it doesn’t matter whether the child looked older than she really was, whether she told the offender that she was older than she really was or whether he reasonably believed she was older than she really was.
Unfortunately for my client, it turned out that the driver’s license she had was not hers but instead was that of her sister, who was 18 and as is common with sisters, looked quite similar to this girl.
It was equally unlikely that any judge would incarcerate him given his good faith attempt to ascertain her age as well as the fact that he was only 41/2 years older than she was.He father went to the hotel and called the police, who knocked on the door.My client answered the door half asleep in his boxers.It was only then that my client found out that she was 15.Even then he believed he was protected because the girl had admitted that she lied about her age and even admitted to having shown him her sister’s driver’s license.