United States v. White Calf

Roman White Calf, a 19-year-old (defendant), met a 13-year-old female, L.R.F., at a party on an Indian reservation; she initially misstated her age at a relative's urging, but told White Calf her real age once they began kissing, and he responded that age did not matter. After a police officer, responding to noise complaints, found White Calf and L.R.F. apparently engaged in sexual intercourse, White Calf was charged with both attempting and committing sexual abuse of a minor. His defense was that he reasonably mistook L.R.F.'s age as at least 16, and he challenged the trial judge's instruction directing the jury to disregard his intoxication when assessing the reasonableness of that mistake, while allowing it to be considered only as to his intent to attempt the crime.