People v. Olsen
Supreme Court of California
685 P.2d 52 (1984)
Relevant factsFree
Shawn M., under 14, was assaulted in a camper by Garcia, who forced her to have sex with Olsen (defendants) while threatening her with a knife. Shawn had told both men she was over 16 and had socialized with Olsen previously. Both men were convicted of a felony for committing a lewd or lascivious act on a child under 14 under California Penal Code section 288. Olsen appealed, arguing his reasonable belief that Shawn was older should be a defense.
IssueFree
Whether a reasonable mistake as to the victim's age is a defense to a charge of committing a lewd or lascivious act on a child under the age of 14.