Quote:
Originally Posted by Longtimefan
The burden of prof is on the state. It's not required of Taylor to prove he didn't know the girls age, the state has to be able to make a case that he did.
The girl obviously was not his neighbor, and I've never known a john to ask a prostitute for her birth certificate or prof of age. If he knowingly had sex with a minor that could be serious, but in this particular case it would have to be established that he actually knew the girls age and continued on his mission in disregard. The case has to be against the pimp.
|
Actually in NY State Law, not knowing is not an affirmative defense. When the DA said that ignorance was not an excuse I thought that was strange, because I always thought it was. I looked online at the NY statutes, and it doesn't list "reasonable belief of the victims ability to consent" (another way to say ignorance that the victim was under age) as a defense. What LT knew or didn't know isn't going to make much difference.
With that said, I would be shocked if they don't agree to a much less serious charge like contributing to the delinquency of a minor or something, assuming LT cooperates and becomes a witness for the state against the pimp,