People v. Flanagan

In People v. Flanagan (1986) 185 Cal. App. 3d 764, the defendant's prior conviction for statutory rape preceded People v. Hernandez (1964) 61 Cal.2d 529, 535-536, in which the California Supreme Court recognized as a defense to statutory rape a defendant's mistaken but reasonable and good faith belief that the victim was at least 18 years of age. (People v. Flanagan, supra, 185 Cal. App. 3d at p. 772.) The Flanagan court concluded that defendant might therefore have been convicted of statutory rape despite a reasonable and good faith belief that the victim was more than 18. (Id. at pp. 772-773.) "It is important to note that a violation of the statute did not require that the defendant be aware of the female's age. It is the absence of this culpable mental state as a necessarily adjudicated element of statutory rape that persuades us defendant's prior conviction did not involve moral turpitude." (Id. at p. 772.)