Is It A Defense That I Thought The Person Was Of Age When I Was Charged With Unlawful Sexual Conduct With A Minor?
The answer is that it depends on the facts of your case. In the Cleveland, Ohio area, no one who is 18 years of age or older can engage in sexual conduct with someone who is less than 16 years old.
While you may argue that you believed the person to be 16 or older, it may not be a valid defense to the charge.
The state doesn’t have to prove that you knew the person was under 16 years old; the state only needs to prove that you were reckless with regard to the person’s age.
This means they only need to show that you acted with indifference to the possibility that the person was underage.
So, whether or not your mistake of age is a defense to the charge of unlawful sexual contact with a minor in the Cleveland, Ohio area is something for you to discuss with a knowledgeable defense attorney who can analyze the facts of your specific case.
If you are interested in aggressively defending yourself from these charges and avoiding the penalties for unlawful sexual conduct charges, give us a call at (440) 709-8088.
Ask to speak to me, Joseph Patituce, regarding the specifics of your case.
The call is completely confidential and without any obligation. If I agree to take your matter on I promise that you will be treated with the respect and dignity that you deserve.