What Teens Need to Know About Statutory Rape in Texas

Statutory rape laws in Texas can be confusing, especially for teens and young adults having relationships for the first time. These laws are meant to protect minors, but they can have life-altering effects for those accused of violating them. Understanding the law is the first step to protecting yourself or your child from a criminal charge.

What is statutory rape in Texas?

Statutory rape happens when a person engages in sexual activity with someone under the legal age of consent. Here in Texas, the age of consent is 17 years old. This means that if someone over the age of 17 has sex with a person younger than 17, they can be charged with statutory rape – even if the younger person willingly agreed.

In some cases, the younger person may agree to the relationship, believing it to be consensual. However, the law doesn’t recognize an individual’s ability to provide legal consent if they’re under the age of 17. This distinction can be hard to understand, particularly for teens close in age who may see their relationship as harmless.

What are the types of statutory rape in Texas?

Texas’ penal code outlines several offenses related to sexual activity with minors. The key law that governs statutory rape is Texas Penal Code 22.011. This law criminalizes sexual activity with anyone under 17, even if the relationship is consensual. Other potential charges include:

• Indecency with a Child –Penal Code Sec. 22.11
• Sexual Assault Of A Child – Penal Code Sec. 22.011
• Aggravated Sexual Assault Of A Child – Penal Code Sec. 22.021
• Statutory Rape Involving Authority Figures  – Penal Code Sec. 21.12

What are the penalties for statutory rape?

Statutory rape can be charged as a second-degree felony, which carries two to 20 years in prison, and fines of up to $10,000. In more severe cases, it can be charged as a first-degree felony, with penalties including five to 99 years in prison and significant fines.

What is the “Romeo and Juliet” law in Texas?

Texas law does recognize that not all cases of statutory rape are results of predatory behavior. Romeo and Juliet laws provide a defense for individuals close in age who engage in consensual sexual activity. This law applies when:

• The accused is no more than three years older than the minor
• The sexual relationship was consensual
• The accused is not required to register as a sex offender

For example, if a 19-year-old and a 16-year-old are in a consensual relationship, the Romeo and Juliet law may offer protection from criminal charges. However, this defense isn’t automatic and must be presented in court. Additionally, it doesn’t apply in cases where there is a significant power imbalance or coercion.

What are the consequences of a statutory rape charge in Texas?

Being charged with statutory rape can have long-term consequences that extend beyond simple jail time and fines. Some of the biggest consequences include:

• Sex offender registration. In many cases, individuals convicted of statutory rape are required to register as sex offenders. This can limit where you can live, affect employment opportunities, and restrict your interactions with minors (including family members).
• Permanent criminal record. A felony conviction can result in a permanent criminal record, which can affect your ability to get certain jobs, enroll in college, or housing opportunities.
• Social and emotional impacts. Beyond these legal consequences, a statutory rape charge can damage an individual’s personal relationships and reputation. Teens and young adults facing statutory rape charges can experience stigma from the community, emotional distress, and challenges in maintaining friendships and relationships.

What are the defenses to statutory rape charges in Texas?

If you or your child is facing a statutory rape charge, you should understand the potential defenses. Our Copperas Cove criminal defense attorneys may employ the following defenses, depending on your particular situation.

• If you reasonably believed the minor was over the age of consent and took steps to verify their age, the defense of an age mistake could apply.
• Some people mistakenly believe that parental consent can protect against statutory rape charges. This is untrue. Even if a parent approves of the relationship, the older party can still face criminal charges.
• If no sexual contact occurred, you may be able to avoid charges. We gather evidence supporting this claim when building your defense.

Remember, statutory rape charges are serious. The stakes are high. If you or your child is facing these charges, it’s essential to work with experienced Copperas Cove criminal defense lawyers. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we can review the details of your case, identify possible defenses, negotiate for reduced charges or alternative sentencing options, and advocate for the best possible outcome for your case.

Are there alternatives to traditional sentencing with statutory rape?

In some cases, we may pursue alternatives to traditional sentencing, like:

• Diversion programs focus on rehabilitation rather than punishment. These programs may involve counseling and education, community service, and regular check-ins with a probation officer.
• Deferred adjudication may allow you to avoid a conviction if you meet specific conditions set by the court. These conditions often include things like staying out of legal trouble, attending counseling and educational programs, and completing community service.

If you meet these conditions, the charges against you may be dismissed and you can avoid a permanent criminal record. Talk to our Copperas Cove criminal defense lawyers today to see if these alternatives may apply to your case.

If you or your teen is facing statutory rape charges in Copperas Cove, it’s essential to have a skilled criminal defense lawyer on your side. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we understand the complexities of these cases and will fight to protect your rights, your future, and your reputation. Contact us today for a confidential consultation. Don’t wait—reach out to us now to discuss your options and build a strong defense. Call us or fill out our contact form today.