The Billboards post inspired me...

[the_anguisette]

In most states (I didn't have time to google them all) it is illegal for a minor to be in possession of alcohol. Furthermore, it is illegal to be in possession of a fake ID.

So, lets say, you're 23 or so...and at a bar. There's a girl there, drinking with an ID that says she's 21. You take her home, or go somewhere, whatever, ya have sex.

She was

Comments

[rowanlyn_mirrim]

I think the minor should be charged with fraud, and the adult shouldn't be charged at all.

[laughingoakman]

I guess I'm seeing a need for a reasonability proviso in the legislation. What that means is a valid defence based on "a reasonable person, in similar circumstances could reasonably be expected to think/act in this way" type scenario. IF the minor is in a bar, consuming alcohol, then a reasonable person would assume they were not a minor.

But you're right, the "minor" here has committed criminal offences, and in some jurisdictions, the commission of a criminal offense is a defence against tortious action, so why not against a flow on criminal action?

But then, don't expect reason from a system that views sex as a "sin", that has a number of states still viewing oral sex as an "unnatural" or "aberrant" sexual behaviour, or a system that came up with something as insanely paranoid as the Mann Act.

[yay_4_me]

I think instead of an age, statutory rape should be defined by mentality. I knew what sex could do at 15, and still had it with a 19 year old.

If someone has a fake id and has been allowed into a bar and then has sex with an actual adult, then the fake id person is at fault, and should have the felony of carrying a fake id put on them.