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Criminal Law Keyed to Osler
United States v. White Calf
Citation:634 F. 3d 453 (8th Cir. 2011)
Defendant was 19 years-old and throwing a party that the victim (age 13) was brought to by her aunts who are 16 and 18 years-old. Her aunts told her to lie about her age so she would be let into the party. At some point, the victim met the defendant and lied, telling him she was 15 years-old. They were kissing when the victim told the defendant she was actually 13, he responded that age did not matter. They flirted, hugged, and kissed. One of the victim’s aunts unsuccessfully tried to separate them. The victim, who had been drinking, then fell asleep in one of the bedrooms and awoke to defendant penetrating her with his penis. At this time officers were responding to a noise complaint and walked in on the interaction. The officer asked for their ages, defendant said he was 21 and she was 19. He then said he thought she was 17. Defendant had a blood-alcohol level of .25 and the victim was at .18. Defendant was charged and convicted for having sexual contact with a minor.
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