State v. Yanez

716 A.2d 759 (1998)

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Nature of the Case

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Facts

D was eighteen-years-old when he engaged in consensual sexual intercourse with Allison (V), who was thirteen-years-old at the time. V was first introduced to D while attending a Portuguese festival with a girlfriend. V and D had virtually no contact with each other except for the obligatory 'Hello' in passing. About a year later, the two briefly when they met on the street and while D was driving his Trans-Am. D gave V his name and telephone number, and the two conversed again briefly that night on the telephone. The two made arrangements to meet in the parking lot, and they left in D's car and went for a ride. They proceeded to the home of a friend of D's where they engaged in consensual sexual intercourse on the floor in a back bedroom. V's mother contacted the police. V admitted that she had engaged in sexual intercourse but named as her partner a person called Derek. D admitted having had sexual intercourse with V but insisted that V had told him that she was sixteen-years-old. V denied having told D that she was sixteen years of age and testified that on the two or three occasions when Yanez had inquired about her age, she had responded that she was only thirteen. D was indicted on one count of first-degree child molestation sexual assault. At trial, it was revealed that there were two more uncharged encounters. D made numerous attempts to introduce evidence not only demonstrating D's mistaken belief concerning V's age but also evidence concerning V's apparent maturity in light of her appearance, physical development, and demeanor. The trial justice rejected this evidence as the crime was a strict liability crime with respect to the age of the victim. D was convicted of first-degree child-molestation sexual assault. D was given 20 years with all but two suspended. D appealed.