IntroductionMinors are legally prohibited from sexual relations simply because society believes they are not old enough to appreciate the consequences of their actions. In cases of minors v. minors, the behavior is still considered statutory rape.
Initial Post InstructionsConsider a case where the offender and the victim are both mentally retarded. The offender is 20 years old with an IQ of 52. The victim, a 15 year old girl, becomes pregnant by the offender. There two key issues here – one has to do with mens rea, which addresses the offender’s ability to form “intent.” The other has to do with whether he knew the victim was a minor (under age 14) and could not legally consent.
Conduct an internet search and read your states criminal statute covering this offense. Identify the elements of the offense. Should the offender be charge criminally? Justify why or why not.
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