State v. Zibell

Willie Zibell appeals his conviction for statutory rape in the second degree.1 We reverse.

A girl, aged 12 at the time of the incident, testified that she agreed to "go out" with Zibell, then aged 18, on the evening of November 18, 1979. She remained with Zibell until the following evening, and on that afternoon engaged in consensual sexual intercourse with Zibell. Zibell admitted having intercourse but defense witnesses testified that the incident occurred on September 15, a few days before *160his 18th birthday. Zibell's defense was that he believed the girl to be 16, based on statements to that…