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So with the exception of a handful of states, mistake of fact is not a defense against statutory rape. I.e. someone who has sex with someone under the age of co

by ummonk 6y ago

So with the exception of a handful of states, mistake of fact is not a defense against statutory rape. I.e. someone who has sex with someone under the age of consent whom they believe to be 18 is still guilty of statutory rape. The opposite is happening here, since the perpetrator isn't planning to do anything with someone actually under the age of consent - just someone whom they believe to be under the age of consent.

sakoht 6y ago
This is a good point. It seems we convict people for crimes they don't know they are committing, and also for thinking they are committing a crime when they aren't. It seems they should have just had the cops hide and wait until he actually tried to make a move on the undercover "girl" cop. Him showing up out of curiosity, perhaps even concern, is impossible to distinguish actual willingness to hurt a child if the jump on him immediately and arrest him. The subject of child rape is so terrible, we give a pass to shoddy police work. One would think that a lack of child porn, or overt sexual conversation from the guy would have made the judge think he didn't actually intend to take advantage of her without more evidence.