D was a 20-year-old mentally disabled man. He had consensual sex with a 13-year-old girl. The girl became pregnant and gave birth to D's child.
D claimed that the girl and her friends told him that the girl was 16.
D was indicted under MD's statutory rape law.
Procedural History:
Trial court found D guilty.
MD COA affirmed, D guilty.
Issues:
Does the MD statutory rape statute require any mens rea?
Holding/Rule:
The MD statutory rape statute does not require a showing of mens rea.
Reasoning:
The legislature's silence as to mens rea on this statute is clear since another section of the statute lays out a requirement for mens rea.
Examination of the drafting history of the statute reveals that it was intended to be a strict liability statute.
Dissent:
The penalty of up to 20 years in prison is strong evidence that a mens rea requirement was intended by the legislature.
There is no indication that the legislature intended that criminal liability attach to one who is unable to appreciate criminal risk due to mental incapacity.
Mens rea is a deeply rooted part of our justice system.
Notes:
The MPC attacks strict liability since there is no deterrent effect and the person committing the act is not morally culpable.
