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People v. Hernandez

Supreme Court of California, In Bank

393 P.2d 673 (1964)

Relevant factsFree

After dating for several months, Hernandez (defendant) and a young woman engaged in consensual sexual intercourse when she was 17 years and 9 months old, just under California's age of consent; Hernandez was convicted of statutory rape after the trial court refused to allow him to present evidence that he genuinely believed she was over 18. He appealed, citing a state statute providing that ignorance or mistake of fact negating criminal intent is a valid defense.

IssueFree

Whether a defendant's honest and reasonable good-faith belief that his minor sexual partner had already reached the age of consent constitutes a valid defense to a statutory rape charge.

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