Texas Statutory Rape Laws | dsl-service-dsl-providers.info
Texas statutory rape law is violated when a person has consensual sexual The Age of Consent ranges state-by-state from 16 to 18 years old across the United. Read about minors and sex crimes in Texas. Then call The Shapiro Interestingly, the phrase "age of consent" does not appear in the Texas statutes. Texas law. Sexual contact or indecent exposure with a minor is a felony that requires the with a student or minor, regardless of age or enrollment status in the district, the State Board plans for dating or marriage; and; Providing the student with drugs or alcohol. Laws that impact the student-to-student relationship.
This is commonly known as statutory rape. The specific charges depend on the acts between the parties.
Texas Age of Consent & Statutory Rape Laws
If the incident involved sexual contact, but not penetration or intercourse, with someone younger than 17, the charge may be indecency with a child. If there was force, coercion, or violence, the charge will likely be sexual assault. However, the prosecutor does not have to prove violence, force, or coercion in order to prove statutory rape, sexual assault, or indecency. It is enough that an adult had sex or sexual contact with a minor.New Texas Guardianship Law
Texas law states the age of consent is 17 years old. Potential Penalties upon Conviction The punishments for sexual intercourse or sexual contact with a minor in Texas are harsh. If you are convicted of statutory rape, your criminal record will be marked with a second-degree felony punishable by 2 to 20 years in prison.
If the conviction is for sexual assault of a child younger than 14, you will face 5 to 99 years or life in prison.
Sex with a Minor
Other consequences of a sex crime conviction include: A permanent criminal record Limitations on where you can live Complications obtaining employment Loss of professional license or inability to obtain a profession license in the future Removal of a visa, permanent resident status, or deportation Denial of citizenship application Inability to possess a firearm Loss of custody or visitation with your children The statutory and social consequences of being charged with sex with a minor are too great to face alone.
If you have been charged with a sex crime with a minor, you need an experienced Houston sex crimes attorney like Ned Barnett by your side to defend you in court. Defenses to Sex with a Minor There are two major defenses to sex with a minor: Sex Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including some instances of statutory rape register as sex offenders.
The marital defense is a remnant of the marital rape exemption. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 21 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in Texas, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married. When both parties are minors: In Texas, there is a Romeo and Juliet exemption for consensual sex between a minor who 14, 15, 16, or 17, and an opposite-sex partner who is three or fewer years older than the minor.
Texas's Romeo and Juliet exception does not apply to same-sex situations.
Texas Statutory Rape Laws
For example, an year-old male who has consensual sex with a year-old female could be acquitted under the state's Romeo and Juliet defense. But a male year-old who engages in consensual sex with a year-old male could be convicted of a felony, because Texas's Romeo and Juliet exception does not apply to same-sex sexual encounters.
Constitutional Challenges to Exclusions of Same-Sex Sexual Encounters from the Romeo and Juliet Defense In most states, statutory rape laws are applicable to both heterosexual and same-sex sexual encounters. Texas's Romeo and Juliet law, though, offers protections for consensual sex between underage opposite-sex partners that do not apply to underage same-sex partners.
However, inthe Kansas Supreme Court held that the part of that state's statute excluding same-sex sexual encounters from its Romeo and Juliet law was discriminatory and unconstitutional State v. The fate of the Kansas Romeo and Juliet law suggests that Texas's similar law could also be subject to constitutional challenge.
Mistake of age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in Texas.
As in most states, mistake of age is not a defense in Texas.