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Criminal Law Keyed to Lee
State v. Yanez
Citation:
716 A.2d 759 (R.I. 1998)Facts
The defendant was 18-years-old when he met Allison, a 13-year-old girl. The two went on a date, and afterwards they engaged in consensual sexual intercourse.
Allison returned home late. She went to the bathroom to shower, and was confronted by her mom. Her mom saw blood on her underwear that was on the floor, and asked if she had sex. Allison initially denied having had sexual intercourse, but later admitted the truth. Allison’s mom contacted the police.
Yanez admitted having sexual intercourse with Allison, but insisted that Allison told him that she was 16. Allison denied having told Yanez that she was 16, and testified that on two or three occasions she had told him that she was only 13.
Yanez wished to introduce evidence demonstrating his mistaken belief concerning Allison’s age, and evidence concerning Allison’s apparent maturity in her appearance, physical development, and demeanor. The trial court did not allow this evidence to be presented, holding that a mistake of fact defense is not available under Section 11-37-8.1. He was found guilty.
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Topic Resources
3m 19sTopic Outline 