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That the relationship was consensual is not in general a defence to having sexual relations with a person under the age of consent; however there frequently are some defences: common examples include a limited mistake of age defence, and a defence of similarity of age. A mistake of age defence is that the accused mistakenly believed the victim was not under the age of consent; however where such a defence is provided, it is normally limited to only apply when the victim is above a certain age. A defence of similarit of age is that the difference in age between the accused and the victim was less than a certain number of years. Another defence is often marriage, for those jurisdictions where the marriageable age is less than the age of consent. |
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That the relationship was consensual is not in general a defence to having sexual relations with a person under the age of consent; however there frequently are some defences: common examples include a limited mistake of age defence, and a defence of similarity of age. A mistake of age defence is that the accused mistakenly believed the victim was not under the age of consent; however where such a defence is provided, it is normally limited to only apply when the victim is above a certain age. Such a defence becomes stronger if the accused can show [due diligence]? in determining the age of the victim. A defence of similarity of age is that the difference in age between the accused and the victim was less than a certain number of years. Another defence is often marriage, for those jurisdictions where the marriageable age is less than the age of consent. |
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