Mistake of fact

July 29, 2023

If a person's intent is to do something lawful, why do we punish? What is the benefit to society?

We punish to make sure people do not commit crimes out of fear. Good intentions can be used for bad purposes by someone else later on. In 2013, a girl named Justin was taken by doctors in Boston against her will due to what doctors called medical child abuse. The hospital kept her in their custody, and her parents could only see her for 20 minutes a day. The parents sought help to get their child back, and a hacker heard the story and attacked the hospital. The hacker shut down the servers and website meant for donations, causing hundreds of thousands of dollars in damage. Some of the machines shut down from a DDoS attack were being used to diagnose patients. The hacker may have had good intentions to save a girl, but their actions put many children in danger. If another hacker attacked and shut down the facility, they could have killed children on life support. Just because an action is meant to be good does not mean we should not punish the person responsible. One hacker's actions could give others ideas to do worse things to medical facilities. This is why, even if a person's intent was right, we still must punish them if their actions caused problems or if their actions opened the doors for other problems in society.

 

As you can see from the cases on this topic, statutory rape-type crimes are a primary area of law where mistake is alleged. Can a person do anything to protect themselves from prosecution?

In most cases no, a person cannot do anything to protect themselves in many states. As you can see from the cases on this topic, statutory rape-type crimes are a primary area of law where mistake is alleged. However, in most cases, a person cannot do anything to protect themselves from prosecution, especially in many states.

Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction. Mistake of age is not a defense in many jurisdictions, including New York. (Criminaldefenselawyer, 2013)

Therefore, individuals should be aware of the age of their partners and exercise caution to avoid engaging in relationships or activities that could lead to potential legal consequences. It is essential to educate oneself about the laws and regulations regarding age of consent in their jurisdiction to protect themselves and others from potential legal issues."

 

As you read the pages and cases on strict liability and vicarious liability, the analysis should be very similar to the analysis regarding mistakes of fact. In fact, couldn't you argue that statutory rape is essentially a strict liability crime?

Statutory rape is a strict liability crime. Now the question is, do we want it to be? In many cases, many would argue yes because it stops people from crossing the line, and it also, in a sense, keeps us in our own playpen based on age. But what happens when we are lied to? This problem happens often in my community. Many women have claimed rape when they gave consent because they were jealous or something. I have a family member who, when she was 16, dated a person who was over 21. He had broken up with his first girlfriend and dated my family member, making promises of marriage and other things. When he went back to his girlfriend, my family member felt cheated, accused the person of rape, and wanted capital punishment for feeling cheated. The person did lie and manipulated a young girl, but after consent was given, my family member tried to use the law in their favor to get revenge, and I do not believe revenge is justice at the slightest.

 

"Statutory rape — Statutory rape, along with other sex crimes, can indeed be subject to false accusations and wrongful arrests, often stemming from jealousy, anger, revenge, or misunderstanding. These situations can lead to a significant number of baseless prosecutions under California PC 261.5. It highlights the importance of thorough investigations and the need for caution in handling such sensitive cases to ensure that innocent individuals are not unfairly targeted and subjected to unwarranted legal consequences"

 

What if an individual asked for three forms of identification before having sexual intercourse? Should they be punished if the other party turns out to be a minor who looks 10 years older? Has this person acted unreasonably? Where is the culpability? Why do we punish?

This problem, as I mentioned before, happens often in my community, and the question has appeared frequently. Many females don't look their age, and sometimes they may lie for various reasons, and yes, males apply in this scenario as well. I have communicated with many males in my community who were older than 35 and were asked at a club to dance by an attractive female who looked 21. The male asked the girl how old she was, and she said 16, but she was mature mentally. Many males walk away after hearing this, as in their mind, she is too young. Others may date anyone as long as they assume the person is over 18 and is never told they are under. The problem is with the latter one if someone is feigning ignorance and manipulating a young person, this is bad. These laws are here to protect these teens because they don't actually know what they want as they are still young and have to mature. An older person, male or female, taking advantage of them is not appropriate. While many people like me will walk away, there are others who will just manipulate, and this is why these laws are here.

 

References :

  1. ALANNA DURKIN RICHER. (2019, January 11). Man gets 10 years for cyberattack on Boston children’s hospital. Boston.com. https://www.boston.com/news/local-news/2019/01/11/martin-gottesfeld-boston-childrens-hospital
  2. Beth Jones Sanborn. (n.d.). News. Healthcare Finance News. https://www.healthcarefinancenews.com/news/anonymous-affiliated-hacker-slapped-10-year-prison-sentence-boston-childrens-cyberattackred-too-much-196425/
  3. Criminaldefenselawyer. (2013, May 29). New York statutory rape laws. www.criminaldefenselawyer.com. https://www.criminaldefenselawyer.com/resources/new-york-statutory-rape-laws.htm
  4. Kadish, S. H., Schulhofer, S. J., & Barkow, R. E. (2016). Criminal law and its processes: Cases and materials (10th ed.). Wolters Kluwer Law & Business.
  5. Kushner, D. (2017, June 29). How a crusade to save children landed a hacker in prison. Rolling Stone. https://www.rollingstone.com/culture/culture-features/the-hacker-who-cared-too-much-196425/
  6. Shouselaw. (2020, December 23). California statutory rape law - Penal code 261.5 PC. Shouse Law Group. https://www.shouselaw.com/ca/defense/penal-code/261-5/

 

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