This is akin to or similar to the defense of “mistake of fact.”Factors that a prosecutor, jury or judge acting as the trier-of-fact will look at include: A minor victim, like an adult, may have felt slighted by you or is seeking to punish you for rejecting him/her by falsely accusing you of having had sex.
However, if there are no available semen samples to match your DNA, then other evidence may be needed to prove that you did engage in sexual intercourse.
Benda didn’t question his 17-year-old girlfriend when she took a naked picture of herself in the mirror on his cellphone. “I didn’t think.” Now, her former boyfriend is facing serious consequences.
The photo is a reflection of her and Benda, his hands covering her body. The girl later told a Dakota County judge that she had forgotten about the picture until police came to her house and asked about it. Benda was convicted of felony child-pornography possession and is awaiting sentencing.
It is irrelevant if the minor initiates the sex and imposes him or herself upon another person for the purpose of engaging in sexual intercourse.