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Mistake of Age

Can mistake of age be a defense in a statutory rape case?

In Pennsylvania, the crime of statutory rape is called statutory sexual assault, and the code section can be found at Title 18 Section 3122.1. If the complainant is over the age of thirteen, then mistake of age is a permitted defense. If the complainant is younger than that, then there is no mistake of age defense.

3 Comments on Mistake of Age

  1. Rape is a crime and the accused has to be punished, whatever be the age of the person who has lodged a complaint

  2. Brian J. Zeiger, Esquire // at 1:05 pm // Reply

    Statutory Sexual Assault isn't Rape; Statutory Sexual Assault is a consensual act. Rape is a non-consensual act. Under 13, the person cannot consent under the law, therefore, its treated like a Rape.

  3. Anonymous // at 2:04 am // Reply

    what if she is 13 and consents? I see under 13 now does that cover 13 and under or under 13 which would be 12

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