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Mistake of Age Defense
This is the defense that the person who allegedly committed statutory rape reasonably believed that the alleged victim was over the age of consent. Not all states allow this as a defense, but some do. In the states where it is allowed, it is allowed under what’s known as mens rea, meaning that the defendant did not have the information necessary to have the intent to commit the crime. In California, mistake of age has been a defense to statutory rape since 1964.
Mistake of Age Can Be an Affirmative Defense
In California, mistake of age is not an affirmative defense – but it is in other states. To be an affirmative defense means that the defendant has the burden of proving that they thought the person was of age. In California, where it is not an affirmative defense, the prosecutor must prove beyond a reasonable doubt that the alleged perpetrator knew the alleged victim was not of a legal age to consent.
A quick legal search
The burden of proof is on the accuser in California