attempt: MBE: mens rea: hypo:
Romeo, who is 22, meets Juliet, 14, at a party. Romeo honestly believes Juliet is 21 because she shows him an authentic-looking fake ID. Romeo asks Juliet if they can have intercourse, and she says yes. She undresses, and just as they are about to have intercourse, Juliet gets a phone call and leaves. In this jurisdiction, statutory rape is defined as having sexual intercourse with someone under the age of 16. Can Romeo be convicted of attempted statutory rape?
No. did not specifically intend to have sex with someone under 16. but if he believed she was 14, would be charged.