Word: hernandez
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...Nancy Hernandez, 21, is a long way from being Santa Barbara's mother of the year. Estranged from her husband, by whom she has one child, she has lately been living with another man, by whom she has a second child. Not only is her lover, Joseph Sanchez, a narcotics addict, but last month Nancy pleaded guilty to the charge of being in a place (Sanchez's apartment) where narcotics were unlawfully used...
...answer is that Hernandez was guilty of statutory rape-intercourse with a girl who is under the legal age of consent. Hernandez went on trial...
Predictably, he protested that he honestly believed his girl to have been over 18, the California age of consent. But all the prosecution needed was that one damning fact-she was three months under 18. As a result, Hernandez was convicted, and faced up to 50 years in prison...
...Realities. The point of Myers' article is that all this may well be changed by the case of Francisco Hernandez. Until he appealed to the California Supreme Court (see Courts), no U.S. court has ever permitted age-mistake as a defense against a charge of statutory rape. Hernandez, though, pointed to a California law that exonerates criminal acts committed "under an ignorance or mistake of fact which disproves any criminal intent." Having recently applied that rule to bigamy, the California Supreme Court scrapped 68 years of precedents and extended it still further in reversing Hernandez's conviction. Chief...
...older, and the male should be allowed reasonable age-mistake unless he is more than four years her senior. "Finally," says Myers, "consensual intercourse with females 16 and older should not be branded as rape." If legislatures balk, he adds, "the courts themselves, as in Hernandez, should take the initiative and bring their decisions into line with social realities by recognizing the defense of reasonable mistake...