Posted by Matiz on April 18, 2001 at 12:02:29:
In Reply to: Don't know, but it would seem to change things posted by Porker on April 18, 2001 at 10:53:56:
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Porker, your question about statutory rape has a very simple answer. Most so-called "statutory rape" laws are called that because the statute expressly makes it a crime to have sex with someone under a particular age. Period. And that is the only requirement. It's a "strict liability" law--do the act and you're guilty. Her prior sex history, whether she has kids, whether she consents, your lack of knowledge of her actual age--all of that is irrelevant, because these types of laws, unlike normal criminal statutes, have no mental requirement about the actor's knowledge or intent. For example, in California the legal age is 18. Having sex with anyone under that age is a crime and it doesn't matter if she told you she was 20 looked 28, had four kids, and showed you a fake I.D. that said she was legal. If she's under 18 and you have sex with her--bingo. All of the above factors might persuade the judge to reduce the sentence, but you're still guilty. There are of course, many other types of laws regarding sex with women and with minors that do specify some sort of culpable mental state before the particular crime is committed. But technically, those are not "statutory rape" laws since statutory rape laws by definition don't require a mental state. I have no idea what Mexico's laws say on this subject.
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