Francis v. Government of the Virgin Islands

OPINION OF THE COURT

I.INTRODUCTION

Appellant Tiba Francis appeals his conviction for aggravated rape. See V.I.Code Ann. tit. 14, § 1700(a)(1) (Supp.2002) (“[Wjhoever perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator’s spouse: (1) who is under thirteen years of age ...” is guilty of aggravated rape in the first degree.). At trial, he argued that mistake of fact is a defense to the aggravated rape charge, and moved that the trial court should allow the jury to consider such defense. The trial court denied his motion and held that section 1700(a) is a statutory…