OWENS V. STATE
724 A.2d 43 (1999)
NATURE OF THE CASE: This was an appeal from a statutory rape charge.
FACTS: A police officer discovered Owens (D) and Ariel in the rear seat of a parked car,
dressing. When questioned it was determined that Ariel was 13, although she first claimed
she was 16. D was 18. The police compiled evidence that the two were having sexual
intercourse. D was charged with second degree rape. It was not disputed that if asked the
alleged victim would testify that she lied to D about her age and that she had told him she
was 16. D made a motion to dismiss based on the fact that the statutory rape statute creates
an irrebuttable presumption that the victim's mental state is irrelevant and that children
under the age of 14 are incapable of consenting to sex.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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