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Supreme Court of California - 685 P.2d 52, 36 Cal. 3d 638
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The defendant, Olsen, was found guilty of violating section 288, subdivision (a) for lewd or lascivious conduct with a child under 14. Olsen appealed the decision, arguing that a good faith, reasonable mistake of age should be a defense. The court recognized a mistake of age defense in other contexts but cautioned that it does not apply to cases where the victim is obviously too young to reasonably believe they are of legal age. The Court is considering whether to apply the Hernandez rule to section 288 cases, but three post-Hernandez Court of Appeal decisions have refused to apply it. The courts have refused to apply Hernandez to section 288 cases, relying on the strong public policy to protect children of tender years, and section 288 was enacted for that very purpose.
The author argues that individuals should not be convicted of traditional crimes without proof of fault, particularly when the offense carries serious sanctions and stigma. Legal scholars support this argument, citing the Robinson v. California case and the Burg v. Municipal Court decision. The court acknowledged the possibility of constitutional issues arising from strict liability crimes, as seen in the State v. Guest case, which held that convicting a person of a serious crime without the requirement of criminal intent would be a deprivation of liberty without due process of law.
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