Under the MPC or minority view, what defense is available for statutory rape?

• A. Reasonable mistake of age is a defense
• B. No defense is available
• C. Consent by victim is always a defense
• D. The offender's prior conviction is a defense

Answer: (A)

In the Model Penal Code and many jurisdictions adopting the minority view, statutory rape carries a mental-state requirement about the victim’s age. If the defendant reasonably believes the victim is of legal age, that belief negates the mens rea needed for the offense, so a reasonable mistake of age is a defense. The reason is to avoid punishing someone who acted reasonably in the face of uncertainty about age.

The other options don’t fit this framework: statutory rape isn’t treated as having no defense under the MPC/minority view, because a reasonable belief about age can defeat the offense; consent by the victim isn’t a blanket defense to statutory rape since the age issue itself renders consent ineffective; and a prior conviction has no bearing on the current offense.