Statutory Rape
Sexual relationships are complicated, and, in some cases, feelings can develop between two unlikely parties. However, if age is the issue then it could result in a criminal charge. It’s illegal in the state of Texas to have sexual contact and/or intercourse with any person 16 years of age and younger as the age of consent in Texas is 17. Violation of this law could result in a criminal charge of statutory rape.
If you or someone you know has been arrested for having sexual relations with a minor, then it’s within your best interest to obtain legal representation. Your attorney may be able to argue the “Romeo and Juliet” defense if you have a three-year age difference, and if they aren’t able to, they can craft another defense applicable to your charges. Time is ticking and you only have so long to craft a defense. So, for these reasons and more we highly encourage you to seek out an experienced criminal defense attorney as soon as possible.
Houston Statutory Rape Lawyer | Texas Consent Laws
If you’ve been accused of statutory rape, it’s important to understand your charges don’t automatically equate to a conviction. The district attorney will have to prove all elements to the jury beyond a reasonable doubt. With the right defense, you can fight these allegations with evidence that cast reasonable doubt on the prosecution’s argument.
Find the right defense team for your charges today by calling Brian Benken of The Benken Law Firm. Attorney Benken has been practicing criminal defense since 1991. His decades of trial practice have garnered him valuable resources and skills a younger attorney just can’t obtain. Call today at (713) 223 - 4051 to set up your first consultation with sex crimes attorney Brian Benken free of charge.
The Benken Law Firm accepts clients throughout all parts of Houston and Harris County including Bellaire, Deer Park, El Lago, Tomball, Pasadena, Hunter’s Creek Village, and La Porte. He also accepts clients in other counties and throughout every part of Texas.
Information Center:
- Texas Statutory Rape Laws
- Penalties for Statutory Rape
- Romeo & Juliet Exception in Texas
- Additional Resources
Texas Statutory Rape Laws
Technically, there is no specific statute under the Texas Penal Code reserved for statutory rape offenses. The crime instead is listed under section 22.011(2) of the Penal Code. According to the statute, any intentional sexual contact with a child under the age of 17 is a form of sexual assault. The reason for this is the legal age of consent in the Texas Penal Code is 17. The crime is also commonly referred to as “statutory rape” in media and the news.
According to the Penal Code, a person commits statutory rape if they:
- Penetrate of the anus or another sexual organ of a child by any means
- Penetrate the mouth of a child with a sexual organ
- Have the child’s sexual organ contact or penetrate the mouth, anus, or sexual organ of another person, which does include the defendant
- Have the child’s anus contact the mouth, sexual organ, or anus of another person, including the defendant
- Have the mouth of the child make physical contact with the sexual organ or anus of another person, including the defendant
Saying the alleged victim consented to the act is not an admissible defense under Texas law. According to the Texas Penal Code, minors under the age of 17 are unable to consent in any capacity since they are considered to be children.
Penalty for Statutory Rape in Texas
Statutory rape is an incredibly serious offense that carries harsh penalties upon conviction. The offense is a second-degree felony, which is punishable by:
- A minimum of 2 years in prison
- A maximum of 20 years in prison
- A fine of up to $10,000
It’s important to note the statute is gender neutral and sexual contact that doesn’t involve vaginal intercourse will also be considered. Since statutory rape doesn’t have an element for lack of consent, there is a spousal exception to this crime. Unlike a forcible rape charge, persons under 17 are presumed to be incapable of giving consent unless they are married. So, if the alleged victim is your wife, then you won’t face any criminal consequences.
What is the Romeo and Juliet Law in Texas?
It’s illegal to have sex with a minor under the age of 17, but if both parties are minors, things can get complicated. An exception exists for teenagers engaging in consensual sex with other teens their own age. This exception is commonly referred to as the “Romeo and Juliet” law, and it permits consensual sex between a minor who is either 14, 15, 16, or 17, with a partner who is at least three years older than the minor.
Unfortunately, the exception doesn’t apply to same-sex situations. The issue has become a political debate on both sides. However, in 2005, a Kansas Supreme Court did uphold the Romeo and Juliet exception with a same sex couple and denounced anything else as discriminatory and unconstitutional. The case does suggest that Texas law could be subject to the same constitutional change.
Additional Resources
Statutory Rape Laws in Texas – Visit the official website for the Texas Penal Code to learn more about their laws regarding sexual offenses including statutory rape. Access the site to learn more about the elements of rape, possible enhancements, and other sexual crimes.
HB 302 | Possible New Legislation for Sexual Assault Crimes – Visit the official website for the Texas Legislature Online to read more about the upcoming HB 302 bill sponsored by State Rep Nicole Collier. Access the bill to learn how it plans to expand the definition of sexual assault without consent so it applies to situations where someone is too intoxicated to consent, withdraws consent, or when a caregiver exploits those they are assisting.
Harris County Defense Lawyer for Child Sexual Assault
If you or someone you know has been arrested for statutory rape, call The Benken Law Firm. Brian Benken has over three decades of criminal defense trials under his belt. He can utilize his resources, skills, and experience for your case. Call him today at (713) 223 - 4051 to set up your first consultation free of charge.
The Benken Law Firm accepts clients in Houston, Harris County, and all parts of Texas.
