Sample Essay Quiz Page
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I soon found it's crime which not only pays moderately well but which is by far the greatest fun.
Horace RumpoleFictional English BarristerTEXAS CODES
TEXAS CONSTITUTION
RULES OF EVIDENCE
FEDERAL CRIMES & PROCEDURE
Self-Timed Internet Short Answer Essay Quiz - Twelfth Week
Answer question on three letter-size pages or less and turn in your written answer
at the beginning of class on Tuesday , November 3, 2009.
If you use two or three pages, please staple them together.
Be certain to put your crim law student number and your name on your paper.
Failure to turn in a full answer will be considered adversely re classroom performance.
Policy Thought Question: Sexual Assault of a Child in Texas - Age of Consent - Mistake of Fact re Age - Romeo and Juliet Defense
Time Limit - Twenty Minutes
First, with reference to the crime of statutory rape, the C/L and MPC say the female is capable of legally consenting to intercourse at age 10. Under the definitions of sexual assault of a child and aggravated sexual assault of a child in Texas, see Section 22.011 (a)(2) & (c) TPC and Section 22.021 (a)(1)(B) & (b) TPC , a "child" is defined as a person (gender neutral) younger than 17 who is not the spouse of the actor. What do you think the age of consent for these two Texas offenses, sexual assault of a child and aggravated sexual assault of a child, should be and why? Remember that, unlike other forms of these two crimes that focus on force, violence, unconsciousness, mental disease or defect, use of substances to impair cognition, serious bodily injury, death threats, use or exhibition of a deadly weapon, administering of rohypnol, hydroxybutyrate or ketamine, etc., consent or lack of consent of the child is not an element of the crime sexual assault of a child or aggravated sexual assault of a child.
Second, indicate whether and why it does or does not matter in determining the age of consent whether Texas criminal law recognizes the defense of mistake of fact regarding the age of the child? Do you favor or oppose mistake of fact as a defense to sexual assault of a child? What do you think of a law that would allow a mistake of fact defense when the actual age of the child was, for example, 14 (15? or 16?) and above at the time of the offense and disallow it when the child was below a certain age, e.g., 14 (15? or 16)? If you favor some sort of mistake of fact re age of the child defense in these two offenses, how would you assign the burden of proof? Would mistake of fact re age be treated as a defense, see Section 2.03 TPC, just as general mistake of fact is currently treated under Section 8.02 TPC. Or would you prefer that mistake of fact re age in sexual assault of a child cases be treated for purposes of burden of proof as an affirmative defense, see Section 2.04 TPC?
Finally, evaluate the pros and cons of the Texas so-called "Romeo and Juliet" affirmative defense contained in Section 22.011 (e)(1) TPC of the sexual assault statute, providing, essentially, that it is an affirmative defense that the accused was not more than three years older than the victim at the time of the offense and was not at that time a person required to be registered for life as a sex offender under the Texas registration law. Is it a good idea to provide a free ride for adult teens who are having sex with teens below the age of consent within the three year age window? If the Texas Legislature wants to protect adults who are not more than three years older than the child victim and not required to be registered for life at the time as a sex offender, why not simply bar such prosecutions? If the age differential is to be something the trier of fact decides, why should this issue be labeled as an "affirmative defense" rather than a "defense"?
Explain as fully as time allows.
[Note: You are being asked to think and arrive at a reasoned answer that will impress the reader with your sound judgment and grasp of the policy implications, as well as your understanding of the basic law. Some professors might ask you in addition to draft a proposed definition of a "child" and proposed definitions of mistake of fact and "Romeo and Juliet" defenses.]
