Mistake Of Fact

Mistake of fact may sometimes be used as a defense to lessen or eliminate the Element of Mens Rea in a crime. Unlike mistake of law, in which the Defendant does not realize she is committing a crime because she's unaware of the law that criminalizes the action, a mistake of fact involves genuine ignorance of one or more material factors involved in the crime itself. In cases of Liability without fault & Strict Liability, where Mens Rea is not a factor, a mistake of fact cannot generally be used in trial; however, in conventional cases it can be a very helpful defense.