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PEOPLE v. CASH

Docket No. 68064, (Calendar No. 18).

419 Mich. 230 (1984)

351 N.W.2d 822

PEOPLE v. CASH

Supreme Court of Michigan.

Decided July 19, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Conrad J. Sindt, Prosecuting Attorney, and Richard A. Pattison, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Herb Jordan) for the defendant.

WILLIAMS, C.J.

The main issue presented in this case requires us to reconsider whether a reasonable mistake of fact as to a complainant's age is a defense to a statutory rape charge. Over 61 years ago, this Court enunciated a rule rejecting such a defense in People v Gengels, 218 Mich. 632; 188 NW 398 (1922), which involved a similar charge under the former statutory rape statute. We reaffirm the Gengels rule and likewise reject this defense in cases...

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