Dixon and Statutory Rape: Sherry Kolb on FindLaw has an article discussing the pros and cons of statutory rape laws in conjunction with the Marcus Dixon case (read more below).



There are a number of problems with the statutory rape laws as they are applied in several states. 'Mistake of fact' cannot be a defense, even if the victim consents and directly lies about her age to her partner. Also, I say "her" because statutory rape laws often only apply to an older male and a younger female, or are only applied in that direction. The Dixon case showcases how the law can be applied absurdly, as Dixon, an 18 year-old had consensual sex (as found by the jury) with a young woman just months short of her 16th birthday. I do not know if Dixon knew the girl's age, but the fact that the prosecutor could use this coincidence to prosecute someone after failing on a rape claim shows that the system must be changed. We must protect young children from sexual abuse, but the question of 'consent' does not necessarily always have to be determined objectively.

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