Nov 27, 2014



FACTS:

The case involves a man and a real estate agent who had lunch and some drinks. Afterwards they went to his house and had sex;accused believes there was consent, and victim says that she was raped.



ISSUE:

Is mistaken belief (mistake of fact) a valid defense?

Was there an air of reality to his mistake of fact?



HELD:

Yes. Appeal dismissed.



RATIO:

An accused person who seeks to rely upon a defense of mistake of fact must, in order to succeed, must establish that his mistake was reasonable as well as honest.