 |
 |
|
| |
|
|
Regina v. Prince
Court of Crown Cases Reserved (1875)
Plaintiff: The State
Defendant: A man who had a relationship with a girl who was under the age of 16. The man took the girl from her house against the will of her father and now the man was being convicted under a statue which stated: "Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any person having the lawful care or charge of her, shall be guilty of a misdemeanor..." The defendant argued, and the jury believed him, that the girl had told him that she was eighteen and he should not be charged with the crime because he did not have any mens rea.
Issue: Should the belief of the defendant that the girl was eighteen be enough to hold the defendant not liable for the crime in question?
Holding: No
Legal Reasoning: The judge held that the statue does not state that a person will be guilty only if "he believes the girl to be under 16." The court further stated that the defendant's action in itself was wrong and regardless of his beliefs, he should be held liable for having a relationship with an underage girl against the will of her father.