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FRANCIS v. GOVERNMENT OF VIRGIN ISLANDS

No. D.C. CRIM.APP. NO. 2.

236 F.Supp.2d 498 (2002)

Tiba FRANCIS, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Thomas.

December 5, 2002.

Attorney(s) appearing for the Case

Nizar Abdullah, Territorial Public Defender, St. Thomas, VI, for Appellant.

Maureen Phelan, Assistant Attorney General, Department of Justice, St. Thomas, VI, for Appellee.

Before: RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and EDGAR D. ROSS, Judge of the Territorial Court, Division of ST. CROIX, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

I. INTRODUCTION

Appellant Tiba Francis appeals his conviction for aggravated rape. See V.I.Code Ann. tit. 14, § 1700(a)(1) (Supp.2002) ("[W]hoever perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse: (1) who is under thirteen years of age ..." is guilty of aggravated rape in the first degree.). At trial, he argued that mistake of fact is a defense to the aggravated...

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