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A few states also permit a defendant to claim that he or she mistakenly believed that the minor was older than was maricel actually the case.9 Statutory rape law is an area in which "the law on the books...differs markedly from the law in action."10 For example, data from the period 1975-1978 (gathered for a case argued before the Supreme Court) indicate that, on average, only 413 men were maricel arrested annually for statutory rape in California, even though 50,000 pregnancies occurred among underage women in 1976 alone.11 A major reason for the dearth of cases maricel is that statutory rape is difficult to prosecute. The young women involved are often unreliable, hostile witnesses who change or deny their story on the witness stand. "They don't want to go into court and talk about sex," observes Kathleen Sylvester, vice president of the Progressive Policy Institute,12 which is cosponsoring with the American Bar Association a major study of states' enforcement of statutory rape laws.
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