Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Statutory-rape laws that foreclose a mistake-of-age defense have been subject to scathing and widespread legal criticism. Beginning in the 1960's and 1970's, a seemingly unanimous front of legal commentary has opposed the concept of strict liability for this type of crime as lacking any sound philosophical, historical, or legal foundation and, what is even worse, as having its origin in faulty and inept judicial analysis of applicable precedents. See, e.g., 1 Wharton's Criminal Law, at § 76; 2 Model Penal Code, § 213.6 cmt. 2 at 413-17; LaFave & Scott, Criminal Law at § 5.1; L. Myers, Reasonable Mistake of Age: A Needed Defense to Statutory Rape, 64 Mich. L. Rev. 105 (1965); R. Tonry, Statutory Rape: A Critique, 26 La. L. Rev. 105 (1965); R. Singer, Strict Criminal Liability: Alabama State Courts Lead the Way Into the Twenty-First Century, 46 Ala. L. Rev. 47, 79 (1994); People v. Hernandez, 61 Cal. 2d 529, 393 P.2d 673, 674 n.1, 39 Cal. Rptr. 361 (Cal. 1964) (one of the first contemporary judicial opinions to analyze statutory-rape laws thoroughly). The thrust of this criticism is that strict liability in the context of felony sex offenses cannot be justified ...

Register or login to access full content



Professors
Professionals
Students