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If someone under 18 tricks someone over 18 into having sex, who is the criminal?
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Let’s say it was a revenge of the nerds scenario and the adult did not know who the person in the mask was. After sex the adult finds out who the person is and go to the police. Would they be arrested?

Rape by deception and sex with anyone under 18 are both illegal. So would the both be guilty? Would the gender of either person matter? Would the adult have to prove they didn’t know the minor was a minor, or would the burden of proof be on the prosecution to prove they did know? Is the fact that they did or didn’t know even relevant? What if one of them was drunk? What if they both were?

Just curious what the law is when there are overlapping crimes that go both ways.

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2 months ago