Texas Statutory Rape Attorneys

Q: What Is the Statutory Rape Law?

While ‘rape’ is defined by non-consensual sex, statutory rape occurs when two people have consensual sex but one of the sexual partners is under the age of 17. nUnder Texas law, an age gap of no more than three years is an affirmative defense if the younger partner is not younger than 14. It is also a defense if the two partners who engage in sexual activity are spouses in a legally binding marriage. In that case, they may be exempt from any criminal charges even if one partner is legally a minor.

San Antonio Statutory Rape Lawyers

Sexual activity between an adult (17 or older) and a minor (younger than 17 years of age) is defined as Statutory Rape in Texas. This act is considered illegal even if both parties consented.

There are severe penalties associated with accusations of statutory rape. Being accused of statutory rape can impact your life. The penalties are harsh from hefty fines, lengthy jail sentences, and sex offender registration.

The criminal defense attorneys at Hunter, Lane & Jampala PLLC have extensive experience handling statutory rape accusations and sex crimes involving minors. We understand that these allegations can be devastating to a person’s life, career, and family. If you are facing statutory rape criminal charges in Bexar County, you should reach out to our sex crimes lawyers.

Age of Consent in Texas

The age of consent in Texas is 17. Legally, a child under 17 years of age is viewed as legally incapable of deciding to consent to a sexual relationship. This means that regardless of the maturity of the child and the surrounding circumstances of the interaction, a child under the age of 17 cannot consent to a sexual act.

What Is the Statutory Rape Law?

While “rape” is defined by non-consensual sex, statutory rape occurs when two people have consensual sex but one of the sexual partners is under the age of 17.

Under Texas law, an age gap of no more than three years is an affirmative defense if the younger partner is not younger than 14. It is also a defense if the two partners who engage in sexual activity are spouses in a legally binding marriage. In that case, they may be exempt from any criminal charges even if one partner is legally a minor.

Aggravated sexual assault

Sexual contact, such as penetration of a child under the age of 14, by a person of any age is considered aggravated sexual assault. Aggravated sexual assault is a first-degree felony and under some circumstances may carry a mandatory minimum of 25 years in prison.

Sexual assault

Sexual assault is generally defined as penetration of a person’s mouth, anus, or sex organ without their consent. Sexual assault can also be charged when there is a child under the age of 17 involved in a sexual act. However, there is a “Romeo & Juliet” provision that permits sexual activity when the alleged victim is 14 years and older and the defendant is no more than 3 years older than the alleged victim. Sexual assault is generally a second-degree felony.

Indecency with a child

Texas law is explicit when it comes to sexual acts with a child (under 17). It forbids any person from engaging in sexual contact with a person under 17. Sexual contact means touching (other than penetration) either under or over the clothing intended to arouse or gratify sexual desire. Seventeen is the age at which a person is presumed to be unable to consent to sexual acts.

If you are accused or charged with indecency with a child under 17, you need solid and effective defense representation. These charges are not something you want to defend on your own as they have lifelong consequences.

Statutory Rape Penalties

Most statutory rape crimes are felony offenses. There are varying degrees of punishment that you can face, and these depend on the grade of the felony you are charged.

First-Degree Felony – which would include aggravated sexual assault charges – can be a maximum of a 99 years, or life, a prison sentence. It can also carry a fine of up to $10,000
Second-Degree Felony – which would include sexual assault charges – can be a maximum of up to 20 years in jail and can carry a fine of up to $10,000.
A third-Degree felony can be a maximum of up to 10 years in prison and carry a fine of up to $10,000.

In cases of statutory rape or sex acts with minors, even if you’ve spent time in prison, you may be required to register with the Texas Department of Public Safety’s sex offender registry database. Registering with the sex offender database can be for a limited amount of time or carry a life sentence.

Defense for Statutory Rape Charges

The Texas Penal Code establishes statutory defenses for various sex crimes. There is a marital exception and Romeo & Juliet exception.

The “Romeo and Juliet” Exception: When Both Parties Are Minors

There is a significant exception to the Statutory Rape Laws. The “Romeo and Juliet” law protects individuals who have sexual intercourse with those under 17. Both sexual partners need to be within three years of age of each other. Additionally, both sex partners need to be at least 14 years old and consent to sexual activities.

Marital Exception

The marital exemption allows consensual sex between a minor who is married and their adult spouse. Under the marital exception rule, the age of consent is waived.

Mistake of Age is Not a Legal Defense

While a mistake of age is not a legal defense against statutory rape charges in Texas, an attorney can help defend a person unaware that they engaged in sexual relations with a minor.

Statute of Limitations on Statutory Rape

A statute of limitations means that the alleged act cannot be prosecuted after a specific amount of time. In Texas, there is a ten-year limit on most sexual assault allegations.

However, there is no statute of limitations for statutory rape in Texas. That’s true for other sex crimes such as certain aggravated sexual assaults, sexual assault of a minor under 17 years old, indecency with a child, or continuous or repeated sexual abuse of a child.

With no statute of limitations in Texas for these sex crimes, you could be charged decades after the alleged crime, regardless of how long ago it had been.

The age of consent in Texas is 17. Since minors under 17 cannot legally consent to sexual activity, having sex with such a minor is considered non-consensual in Texas and is deemed statutory rape even if the minor agreed to it. The charge may be sexual assault, aggravated sexual assault, or indecency with a child.

How a Statutory Rape Defense Attorney Can Help

If you have been convicted of a sex offense, you will find it very difficult to get a job, a house or apartment, and continuing education. The stigma of being a convicted sex offender can be catastrophic to your personal life and hurt your family. Statutory rape penalties are severe and can affect the rest of your life. An experienced San Antonio sex crimes lawyer can help reduce these penalties. A criminal defense lawyer can provide legal representation that will help defend your reputation and future.

How Long Can You Go to Jail for if Convicted of Statutory Rape?

Statutory rape crimes are felony offenses. There are varying degrees of punishment that you can face, and these depend on the grade of the felony you are charged. If you are accused of a statutory rape conviction, you may face between 2 to 99 years of prison time. The fines can cost you up to $10,000, and you may also become a lifetime registered sex offender.

Statutory Rape vs. Rape: What’s the Difference?

Statutory rape is when an adult, someone 17 or older, has sexual relations with a minor, someone younger than 17. It may not matter that sex between the two individuals is consensual. Consensual sex is when both partners agree or consent to having sexual relations.

When people refer to “rape”, they most often mean sexual assault. This encompasses a wide range of sex crimes but is most charged when one partner forces the other to have sexual relations.

What to Do if Facing Statutory Rape Charges

If you are facing statutory rape charges resulting from a sexual encounter with a minor, you need to reach out to an experienced attorney immediately who can help you with defense strategies. There may be exemptions from prosecution if you are no more than three years older than your younger partner- commonly called the Romeo and Juliet exemption.

What are the Sex Crimes associated with Statutory Rape?

Statutory rape encompasses the following crimes: aggravated sexual assault that involves sexual penetration (however slight) between a minor younger than 14 years old and a defendant of any age. Sexual assault involves sexual penetration between a minor younger than 17 but older than 14, and a defendant who is three or more years older than the victim. Indecency with a child involves sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor younger than 17 and a defendant who is three or more years older than the victim.

Finding a Statutory Rape Attorney in San Antonio

If you believe you are under investigation or have already been charged with statutory rape or indecency with a child in San Antonio or Bexar county, do not wait to get a skilled team of sex crime attorneys on your side right away by calling (212) 202-1076 or scheduling a free consultation. Contact Hunter, Lane, & Jampala today.