The 18 year old Defendant was accused of having sexual intercourse and receiving oral sex from a 12 year old. It was clear from the evidence that the 12 year old instigated the sexual encounter. Although that would be meaningless in normal cases, this was not a normal case. The defendant had an extremely low IQ which meant the defendant was mentally equivalent to a 10 year old. We argued that based on his mental age, the 12 year old girl actually molested him. We also planned to challenge the constitutionality of the law as applied to the facts of the case. The defendant was facing life plus 20 years in prison with a mandatory minimum of 25 years in prison. Facing our defense, and after discussions with the girl, the State offered a plea to Sexual Battery as a misdemeanor with 12 months probation. The defendant accepted the plea.