Legal Question in Criminal Law in Wyoming

statutory rape charges

Can you be charged with statutory rape if you were lead to beleive that the other person was over 21?


Asked on 1/11/01, 11:29 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: statutory rape charges

Yes, you can be charged, but the real question is can you be convicted.

It is a defense to statutory rape that you were deceived and reasonably lead to believe that your partner was of legal age. The key is reasonably. If you were presented with phony ID or something similar, that would probably be reasonable.

Just because you state she told you, however, will probably not do it. You have an obligation to make a reasonable inquiry and obtain proof beyond just questioning the victim.

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Answered on 1/29/01, 12:09 am
Thomas Lubnau Lubnau Law Office, P.C.

Re: statutory rape charges

Yes. The State of Wyoming bends over to protect juveniles. You may have a defense of a reasonable belief that she was older, but you have a tough burden to carry. If you can show an altered ID, or other people participating in the lie, you may have a chance, but its a tough row to hoe.

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Answered on 1/29/01, 11:27 am


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