Paternalism is so fabulous – it’s valid history and we shouldn’t pretend it didn’t happen, but couldn’t we acknowledge how repugnant these thoughts are?
Regina v. Prince, L.R. 2 Cr. Cas. Res. 154 (1875) Defendant convicted of taking unmarried girl under 16 yrs out of possession and against will of father; 14 yr old girl told D she was 18 yrs and D’s belief she was over 16 yrs both honest and reasonable
White v. State, 44 Ohio App. 331, 185 N.E. 64 (1933) D convicted of violating statute providing that whoever, being the husband of a pregnant woman, leaves with intent to abandon such pregnant woman shall be imprisoned.
People v. Olsen, 36 Cal. 3d 638, 685 P.2d 52 (1984) D’s good faith reasonable mistake that girl was over age of 14 yrs not a defense to charge of lewd or lascivious conduct with child under age of 14 yrs, where statute silent on issue. Cf. MPC § 213.6(1) (defense of reasonable mistake not available where criminality turns on child’s being below age of 10 yrs).
Dotterweich, Morisette & Staples to United States v. X-Citement Video, Inc., 513 U.S. 64 (1994): Should D be convicted of violating Protection of Children Against Sexual Exploitation Act for “knowingly” transporting in interstate commerce any visual depiction if … the depiction “involves the use of a minor engaging in sexually explicit conduct,” when he knew he was transporting the depiction, but did not know the person being depicted was a minor?
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