State v. Silva

The appellant was convicted of a charge of sexual intercourse with a female under the age of sixteen years, HRS § 768-21. At a trial by jury the appellant sought to raise the defense of reasonable mistake of fact (as to the age of the female) as a question for the jury to consider. The trial court refused to give an instruction on this issue.

On appeal, appellant strongly urges upon this court that the better rule of law is to allow a defense of a mistake of fact concerning the age of the prosecutrix. In support of this position appellant cites the case of People v. Hernandez, 61 Cal. 2d 529,…