Posted: May 19th, 2017

Ray and Tammy met through mutual friends. He was her date for her senior prom. On prom night, after the dance, they had sexual relations in Ray’s car. Tammy had assured Ray that she was 18 years old, and she looked at least that old. However, she had skipped 3rd grade and was not even quite 17. Ray is being prosecuted for “statutory” rape under a statute that makes it a crime to have sexual relations with a person under age 17

Ray and Tammy met through mutual friends. He was her date for her senior prom. On prom night, after the dance, they had sexual relations in Ray’s car. Tammy had assured Ray that she was 18 years old, and she looked at least that old. However, she had skipped 3rd grade and was not even quite 17. Ray is being prosecuted for “statutory” rape under a statute that makes it a crime to have sexual relations with a person under age 17. a. In some states, Ray would have a defense if he honestly and reasonably believed that Tammy was at least 17. b. Under the so-called moral wrong theory, Ray could be guilty if he knew that he was committing a moral wrong even if he did not know that, due to Tammy’s age, his act was also a legal wrong. c. Both of the above. d. In the majority of states today, Ray could not be convicted unless he knew or should have been aware that he was having sexual relations with a person under age 17.