Mistake of fact (here, a mistake re: the minor’s real age) is generally not a defense to statutory rape. It often IS a defense to other crimes (e.g. you’re carrying a kilo of cocaine but honestly think it’s baking soda, and can convince a jury of that fact) but traditionally, American courts have carved out statutory rape as a crime they don’t feel comfortable extending the defense of “mistake of fact” to.
Of course, not to say Josh Giddey would even get charged with this conduct (at this point, publicly available evidence is shaky, and unclear if any other evidence is forthcoming), but if he did, “I didn’t know her age” would probably not get him much traction in American court.
Mistake of fact (here, a mistake re: the minor’s real age) is generally not a defense to statutory rape. It often IS a defense to other crimes (e.g. you’re carrying a kilo of cocaine but honestly think it’s baking soda, and can convince a jury of that fact) but traditionally, American courts have carved out statutory rape as a crime they don’t feel comfortable extending the defense of “mistake of fact” to.
Of course, not to say Josh Giddey would even get charged with this conduct (at this point, publicly available evidence is shaky, and unclear if any other evidence is forthcoming), but if he did, “I didn’t know her age” would probably not get him much traction in American court.