While walking through Rochester with a friend, the victim met Martin Holmes (defendant). Holmes was 24 years old, and the victim was 15 years old. However, the victim informed Holmes that she was 17 years old. Holmes and the victim exchanged phone numbers. About a week after the initial meeting, the victim, under the influence of alcohol, phoned Holmes and arranged to meet in a park. Holmes and the victim met up and had sexual intercourse. Holmes was convicted of felonious sexual assault for sexual penetration of a person between the ages of 13 and 16. Holmes appealed on the ground that the trial court erred by failing to require the prosecution to show that Holmes was aware that the victim was under the age of legal consent.