Legal Opinion
Government of the Virgin Islands v. Richards
Supreme Court of The Virgin Islands
Decided June 24, 2001No. Criminal No. F40/01PublishedCited by 4 opinions
1Opinion of the CourtHodge, Judge
MEMORANDUM OPINION
(June 24, 2001)
Before the Court are Defendant’s Motion to Assert Mistake of Fact Defense and Motion to Dismiss due to Mistake of Fact. Defendant was charged with having sexual intercourse with a girl aged 14, who was not his wife, in violation of 14 V.I.C. § 1702 (second degree rape) and § 1709. For the reasons set forth below, Defendant’s motions shall be DENIED.
FACTS
Defendant seeks an order from the Court dismissing the charges against him or, in the alternative, permitting him to argue a ‘reasonable mistake of fact’ defense as to the victim’s age, in this case a girl aged…
2Cases cited19 opinions
- Lambert v. CaliforniaSupreme Court of the United States · 1958
- McBoyle v. United StatesSupreme Court of the United States · 1931
- People v. AaronMichigan Supreme Court · 1980
- People v. HernandezCalifornia Supreme Court · 1964
- People v. VogelCalifornia Supreme Court · 1956
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3Cited by4 opinions
- Government of the Virgin Islands v. MartinezCourt of Appeals for the Third Circuit · 2010
- Duggins v. PeopleSupreme Court of The Virgin Islands · 2012
- Francis v. Government of the Virgin IslandsDistrict Court, Virgin Islands · 2002
- Joyce v. Government of the Virgin IslandsDistrict Court, Virgin Islands · 2005