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Ignorance of age not valid defense in sex cases, expert says Page 2 of 3
Latest breaking news, photos and all of today's Post stories. Rather than file charges, the state attorney's
office presented the case to a county grand
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jury. The panel indicted Epstein last week
on a single, less serious charge of felony solicitation of prostitution.
The case raised eyebrows because the state attorney's office rarely, if ever, kicks such charges to a grand
jury. And it increases the difficulty of prosecuting child sex abuse cases, especially when the defendant
is enormously wealthy and can hire high-priced, top-tier lawyers.
At least one of Epstein's alleged victims told police he knew she was underage when the two of them got
naked for massages and sexual activity. She was 16 years old at the time and said Epstein asked her
questions about her high school, according to police reports.
A girl who said she met Epstein when she was 15 said he told her if she told anybody what happened at
his house, bad things could happen, the police reports state.
Epstein's youngest alleged victim was 14 when she says she gave him a massage that included some
sexual activity. She is now 16. The girl's father says he doesn't know whether she told Epstein her age.
"My daughter has kept a lot of what happened from me because of sheer embarrassment," he said. "But
she very much looked 14. Any prudent man would have had second thoughts about that."
Defense attorney Jack Goldberger maintains that not only did Epstein pass a polygraph test showing he
did not know the girls were minors, but their stories weren't credible. The state attorney's office also
implied that their credibility was an issue when it decided not to charge Epstein directly, but instead give
the case to the grand jury.
"A prosecutor has to look at it in a much broader fashion," a state attorney's spokesman said last week.
Epstein hired Harvard law Professor Alan Dershowitz when he became aware he was under
investigation, and Dershowitz gave prosecutors information that some of the alleged victims had spoke
of using alcohol and marijuana on a popular Web site, according to a Palm Beach police report.
Prosecutors typically consider two things in deciding whether to charge somebody with sex-related
offenses against minors — whether there is sufficient evidence and whether there is a public interest in
doing so, Dekle said.
If two teens are in a sexual relationship and the boy turns 18 before the girl, he could be charged with a
sex crime if the sex continues. There would be no public interest in pursuing that, Dekle said.
But where there is a large gap in ages — and especially in cases of teachers with students — there is a
public interest in prosecuting, he said. Likewise if the accused has a track record of sex with minors.
Still there is a "universal constant" in prosecuting these cases, Dekle said. Men who exploit underage
children for sex often carefully choose their victims in ways that will minimize the risk to them, he said.
Victims usually are from a lower social status, and they may suffer from psychological problems, Dekle
said.
"Lots of child sexual abuse victims have been victimized by multiple people over a period of time. Then
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