Wouldn't you be able to argue this in court for this rare case? With a phone that can be shown to be in use constantly it would be more difficult to prove you forgot
Possibly could have gone differently if they had said they changed their 15 letter password every two weeks, but really?
If there's an excuse for something that is difficult to disprove because it's based on the word of the person it would undermine the justice system.
Imagine if ignorance of the law was an excuse.