CRIMINAL EXERCISE #3

John meets a girl at a friend's party. They hit it off, and find a bedroom and engage in sexual acts. The next day, the girls parents find out after reading text messages on their daughter's phone, and call the police. John is immediately arrested. The police question him, asking whether he knew the girl was 15, even though he is 20. He said "no, not at all. I thought everyone at the party was in college." He is charged with rape.

RCW9A.44.079

Rape of a child in the third degree.

(1) A person is guilty of rape of a child in the third degree when the person engages in sexual acts with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.

Will he be convicted? Why or why not?

Answer: