Court Tosses Age Mistake As A Defense

Mistake of age and consent of the victim are not defenses to a criminal charge of sexual battery of a minor child under the age of 18, the Idaho Supreme Court says.

The court on Tuesday voted 4-1 to uphold the conviction of Patrick Oar in a Nez Perce County case. Oar was sentenced to two terms of 2-1/2 years to 15 years on charges that he lured two under-age women to a Lewiston motel under the pretext of offering them modeling jobs.

The court said although Oar showed potential for rehabilitation, he had received withheld judgment in 1980, probation in 1986, 1990 and 1993 and retained jurisdiction in 1991.