When the victim is under 16, investigators must determine if age was known or should have been known by whom?

• A. The victim
• B. The defender
• C. The arresting officer
• D. The emergency services

Answer: (B)

The main concept is that age of a minor can be a controlling factor in liability, so investigators must assess the defendant’s knowledge of the victim’s age. When the victim is under 16, what the defender knew or should have known about the victim’s age matters for determining guilt. Evidence about the defender’s awareness or reasonable opportunity to verify age helps establish whether the proper mens rea or defense applies. Investigators look for clues such as statements about age, requests for identification, or circumstances that would have prompted a reasonable person to know the victim’s age. The other parties—the victim, the arresting officer, or emergency services—don’t determine this mental state for the defendant.