State v. Stiffler

SWANSTROM, Judge.

Jason Stiffler entered a conditional plea of guilty to statutory rape, reserving his right to challenge on appeal the district court’s refusal of his proposed jury instruction on a defense to the crime charged. The sole issue is whether an honest and reasonable mistake of fact as to the victim’s age is a defense to the charge of statutory rape. We hold it is not.

The underlying premise of rape laws is the lack of a female’s consent to an invasion of her bodily privacy. The prohibition against sexual intercourse with a female minor, I.C. § 18-6101(1), is an attempt to prevent…