Hopson v. Texas, 2009 WL 1124389 (Tex. App.-Hous. (14 Dist.) 2009)

  • Facts: ∆ was charged with sexually assaulting a minor under the age of 17. ∆ argued he believed the complainant was an adult based on her appearance and her own representations.
  • Issue: Whether mistake of fact about the victim's age is a defense to statutory sexual assault.
  • Rule: Statutory rape is a strict-liability offense as to the victim's age; mistake of fact—however reasonable—is not a defense.
  • Analysis: The legislature intentionally omitted any mens rea requirement as to age in order to protect minors. ∆'s belief that the complainant was over 17, even if honest and reasonable, does not negate liability.
  • Judgment: Conviction affirmed.

Reading: pp. 128–32. See Mistake of Fact.