QUESTION

If you had sex with a minor what is your defense in a court of law? How can you prove that you did not know how old the person was?

Asked on Jun 14th, 1999 on Criminal Law - Connecticut
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If you had sex with a minor what is your defense in a court of law? How can you prove that you did not know how old the person was?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Engaging in sex with someone who is older than thirteen but younger than sixteen, when you are at least two years older than that person, is considered Sexual Assault in the Second Degree in Connecticut, a Class C felony. It will not help you to prove you did not know the youthful age of the victim. You may not raise mistake or lack of knowledge of the age of the victim as a defense. In Connecticut, as in most states, the legislature clearly expressed its will that engaging in sexual intercourse with a person under the lawful age of consent constitutes a violation of law without regard to the actor''s belief as to the victim''s age. To obtain a conviction on this charge in Connecticut, the state must establish only that (1) you engaged in sexual intercourse with the victim; (2) at the time the victim was between thirteen and sixteen years of age; and (3) you were at least two years older than the victim. Of course, you may have other defenses to the charge. In order to determine what defenses you might raise, and your chances of prevailing on them, you should contact a criminal defense lawyer in your area of Connecticut who is experienced in defending charges of sexual assault against minors.
Answered on Jun 14th, 1999 at 12:00 AM

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