People v. Cash

The main issue presented in this case requires us to reconsider whether a reasonable mistake of fact as to a complainant’s age is a defense to a statutory rape charge. Over 61 years ago, this Court enunciated a rule rejecting such a defense in People v Gengels, 218 Mich 632; 188 NW 398 (1922), which involved a similar charge under the former statutory rape statute. We reaffirm the Gengels rule and likewise reject this defense in cases brought under § 520d(l)(a) of the third-degree criminal sexual conduct statute.1

This appeal raises two additional issues: (1) whether the trial court abused its…