There was testimony Tuesday that a 15-year-old girl had simulated sex with a 26-year-old man in a local movie theater and public swimming pool as well as actual sex at her home when her parents were away. But the charge of statutory rape against Donnie Lamar Parrish was dismissed because the girl said she always told Parrish she was 19.
However, General Sessions Court Judge Bob Moon did direct that Parrish spend a year in jail for violation of probation from a previous case.
Judge Moon said of his statutory rape ruling, "The victim in this case has testified adamantly that she has at all times represented herself to be 19 years of age to the defendant. She appears to have the maturity and presence of an above age woman.
"She has established a website on Myspace.com promoting herself as age 19. Her best friend and the state’s witness testified that she represented to the defendant that she was 19 years of age.
"She has repeatedly indulged in lewd and open public sex in public places with the defendant for many months.
"Finally, she has testified under oath that the defendant had 'no reason to believe that she was not 19.'
”It is very rare in the American criminal justice system to see the codified defense of “Mistake of Fact” successfully argued. However, Mr. (Lloyd) Levitt has clearly and convincingly proven to this court that his client is entitled to avail himself of this charge by such defense."
Attorney Levitt presented four appellate court decisions and argued that the Supreme Court and intermediate appellate courts have ruled that mistake of fact can serve as a defense in statutory rape cases.
The high school girl, who is now 16, said at the hearing she had told Parrish for the six months of their relationship that she was 19. However, prosecutor Rodney Strong said minutes prior to the hearing, she told him she told Parrish she was 15.
Another girlfriend of the girl testified that she heard the alleged victim told him she was 15. That witness said she saw the couple have simulated sex in the swimming pool at Mountain Creek Apartments.
Another girlfriend said she would go to the Carmike Cinema with the couple on Saturdays, and they always had their legs entangled.
Judge Moon said the state could still take the statutory rape case to the Grand Jury.
He said he revoked the probation because of "public indecency" by Parrish. The judge said the couple "had sex in a movie theatre, in a public swimming pool, in her parents' house while they were away. The question could have been, 'Where have they not had sex?'"
The state pointed out that Parrish has an extensive record, including drug cases.
Judge Moon told the girl she was lucky she was not pregnant. He noted she said on the Myspace site that she wanted to go to college. He urged her to do so, saying she needed to get away from "a loser" like Parrish.