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People v Cash
S. Ct. Michigan (1984)
Author:- Sam Biers
Facts: A runaway 15 year 11 month old girl, met and was befriended by defendant at a Detroit Greyhound Station. Defendant drove her to a motel where two separate sexual acts took place. After the defendant fell asleep, the victim went to the manager’s office and the police were summoned. Defendant was 30 years old at the time. At the preliminary the victim admitted telling the defendant she was 17.
Issue: Whether defendant’s good faith or reasonable mistake as to complainant’s age is a defense to the crime of statutory rape?
Holding: No.
Procedure: Jury trial conviction for 3rd degree statutory rape. Affirmed.
Rule: A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: That person is at least 13 years of age and under 16 years of age.
Ct. Rationale: The legislature vamped the existing law without allowing a reasonable-mistake-of-age defense. The defendant should have known or could have easily discerned the victim’s age. The legislature defined statutory rape without a specific criminal intent. Thereby the actor proceeds at his own peril regardless of ignorance or an honest mistake of fact. The policy behind protecting children from sexual crimes, or physical or psychological harm resulting therefrom, is not outmoded.
PL A: The defendant willing engaged in sexual intercourse with an individual, who is without question, severely younger than himself. It is the defendant’s responsibility to accurately identify what the other person’s legal as is.
Def A:Without the necessary intent coupled with intent, the crime does not reach fruition. The def did not have intent, as he reasonably relied upon the assertion. Denying the defense is a denial of due process.
Problem:What happens to an actor 16 years 1 month old and a voluntary co-actor 15 years 11 months old voluntarily engaging in sexual intercourse?
Public policy determinations on criminal acts endanger what??