If a person is 21 and slept with a 14 year old who lied about her age twice over text messages and on her dating profile, will the 21 year old go to jail?

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If a person is 21 and slept with a 14 year old who lied about her age twice over text messages and on her dating profile, will the 21 year old go to jail?

Or is there a way to fight the case?

Asked on November 11, 2014 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The 21 year old needs to get a very good lawyer involved asap.  While mistake of age was not historically a defense against statutory rape, the California Courts ruled otherwise in 1964 and now it can be used as a defense.  It needs to be a reasonable, good faith mistake.  Go and get a great lawyer NOW.


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