This section contains the nature of the case and procedural background.

A police officer discovered Owens (D) and Ariel in the rear seat of a parked car, dressing. When questioned, it was determined that Ariel was 13, although she first claimed she was 16. D was 18. The police compiled evidence that the two were having sexual intercourse. D was charged with second-degree rape. It was not disputed that if asked the alleged victim would testify that she lied to D about her age and that she had told him she was 16. D made a motion to dismiss based on the fact that the statutory rape statute creates an irrebuttable presumption that the victim's mental state is irrelevant and that children under the age of 14 are incapable of consenting to sex.

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