Is being a victim of fraud a sufficient argument against statutory rape?
Not of the “Well, I met her in a bar and she was drinking, so I guess she had to be 21, right?” variety. I’m talking that you’ve done the improbable and asked for picture identification and a notarized copy of her birth certificate… all establish her age as 21… but they’re all forgeries, and she’s really 15. Better yet, just the birth certificate is a forgery. The drivers liscense she showed you was real, issued by your state of residence, on the forged birth certificate. Is there any point at which you cease to be liable… or are you subject to the mercy of the DA choosing not to prosecute?
Wasn’t it Tracey Lords who made a bunch of porn films while she was underage? Apparently she used forged ID at work. I think she got married and gave her true age and that’s when everything hit the fan. The movies were pulled from circulation - legally, they’re child porn, at least the earlier ones. The fraud was clearly on her part, not the filmmakers. I don’t think anyone was prosecuted…
Anyone have a better recollection of the situation?
The second that shit the fan I destroyed my two movies. For the exact reasons stated; I didn’t want to be in possession of child-porn; even though they were bought in good faith.
The government had problems with the Traci Lords case as it had also been fooled. It’s hard for a prosecutor to argue that the fake documents and ID weren’t convincing when Lords used them to obtain a passport from the US government.
I would think that, in taking the time to check her license and birth certificate, that would be evidence that you weren’t intending to commit stat rape - in fact, were trying to avoid it. Assuming that the documents in question were at all believable (i.e., the birth certificate wasn’t written in crayon on the back of an Old Navy receipt), and the lady at least looked like she could be over 18, then it would be difficult to find a jury to convict you.
Well, the old word for rabbit is coney, pronounced cunny, and that’s where the word c*nt is believed to have come from (it being, outwardly at least, a small warm furry thing), so…
In FLorida, such evidence is not even admissable. You cannot tell the jury that she had a fake ID or that you met her in a club. Lacking knowledge of the victim’s true age is not a defense. Your only chance with the fake ID and birth certificate defense would be convincing the detective to not arrest you. Like any other crime, he can exercise discretion. But once in trial, you’re SOL.
How would a person of legal age ensure they was no chance a potential SO is of legal age in Florida then? If they are automatically guilty if the SO turns out to be under 18 years old no matter how well that person ‘proves’ they are above 18.
Is it just a case that anyone who looks under 30 should be avoided just in case they are using false identification to up their age?
(Maybe this is why the elderly retire to Florida, where the only ‘safe’ shag is when your partner has dentures and a hip replacement )
Is this true? Florida courts are excluding relevent evidence for the defense? What’s next; “Your honor, I have three witnesses who’ll testify I was a hundred miles away when the crime occurred.” “I’m going to rule that inadmissable. Evidence of an alibi might influence the jury to find you not guilty.”
If the law makes statutory rape a strict liability offense then the only relevant issue is whether or not you had sex with the underage person. In other words, “I thought she was of age” is not an effective alibi and is not a defense to the crime. Your intent or any other state of mind, such as evidence of your belief about her age, is not relevant.
I can’t remember, was Rob Lowe aquited? He was charged with having sex with a minor even though he met her in a bar. I don’t remember how that all played out.
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