Statutory Rape
When it comes to sex crimes involving minors, statutory rape laws in Texas are particularly strict. A conviction can be severe and life-altering, given the potential prison sentence and fines, among other consequences. In this piece, Price and Twine, PLLC explains Texas’ laws pertaining to statutory rape and sexual assault charges, as well as the possible defenses to charges and the reason for contacting a sex crime lawyer if accused of violating the law.
Effective Criminal Defense Lawyers In Texas
At Price & Twine, PLLC, our criminal defense attorneys take a personalized approach to each case, ensuring you receive the most skilled representation possible. If you have been charged with a sex crime such as statutory rape or aggravated sexual assault, get in touch with Price & Twine, PLLC for guidance. Call us at (512) 354-1880 or visit us online for a consultation.
Information Center
- Understanding Sexual Assault
- Penalties for Sexual Assault in Georgetown
- Possible Defenses for Statutory Rape Charges
- Frequently Asked Questions
- Additional Resources
- Hire a Statutory Rape Defense Attorney in Georgetown
Defining Sexual Assault
Under Texas Penal Code Section 22.011, an individual commits a sexual assault offense if they intentionally or knowingly cause the penetration of the sexual organ or anus of a minor without consent. The statute also covers acts involving the mouth of the minor, as well as the minor’s sexual organ coming into contact with any other part of another person’s body, including the perpetrator.
Child In the Context of Sexual Assault
For the purposes of the statute, a “child” is anyone younger than 17 years of age. It’s important to note that ignorance of the child’s age is not a valid defense under Texas law.
Aggravated Sexual Assault
Aggravated sexual assault, as described in Texas Penal Code Section 22.021, includes the same acts as sexual assault but also involves other factors such as causing serious bodily harm, death threats, or using a deadly weapon during the commission of the crime.
Penalties For Statutory Rape in Texas
An offense under Texas Penal Code Section 22.011 is generally considered a second-degree felony punishable by 2-20 years in prison and up to a $10,000 fine. However, if the alleged victim is someone the perpetrator was prohibited from marrying, the crime escalates to a first-degree felony punishable by up to life in prison and up to a $10,000 fine. Under Texas Penal Code Section 22.021, aggravated sexual assault is also generally a first-degree felony.
Being convicted of statutory rape not only leads to severe criminal penalties but also to social stigma and loss of opportunities for employment, education, and even housing. Moreover, convicted individuals may be required to register as a sex offender, which has long-term implications.
Understanding Specific Defenses to Statutory Rape Under Texas Law
Medical Care Exemption
An act does not constitute sexual assault if it was part of medical care provided to the child and did not involve any sexual contact.
Affirmative Defenses: Age And Marital Status
In Texas, Section 22.011 lays out two affirmative defenses. First, the law says that an act does not amount to sexual assault if the actor was married to the minor at the time the alleged offense occurred. This exception essentially means that marital status can offer protection against statutory rape charges in some cases.
The second affirmative defense involves the age of the parties. An act will not be considered sexual assault if the individual is not more than three years older than the minor, given that the minor is at least 14 years old.
Frequently Asked Questions About Statutory Rape Under Texas Law
What Constitutes Statutory Rape in Texas?
In Texas, statutory rape is legally defined as sexual activity between an individual who is 17 years of age or older and another individual who is younger than 17 but older than 14, when the two individuals are not married to each other.
Are There Any Defenses to Statutory Rape In Texas?
Yes. One defense is if the individual was not more than three years older than the minor and the minor was at least 14 years old at the time of the offense. Another defense is if the individual was married to the minor when the alleged incident took place.
What Are the Penalties for Statutory Rape?
In most cases, statutory rape is considered a second-degree felony in Texas. Conviction for a second-degree felony can result in a prison sentence ranging from 2 to 20 years and may also include a fine of up to $10,000.
Can The Minor Be Charged as Well?
In most circumstances, the minor involved in a statutory rape case in Texas is not charged with a crime. However, other legal complications may arise for the minor, such as becoming part of a Child Protective Services investigation.
What If Both Parties Are Minors?
The law in Texas provides some leeway if both participants are minors and the age difference between them is not more than three years. In those cases, the older minor might avoid felony charges, but this is highly dependent on the specifics of the case.
Can The Charges Be Dropped If the Minor Agrees?
No, even if the minor agrees to drop the charges, the state may still pursue the case. This is because the state considers it its duty to protect minors, and minors legally cannot provide consent.
What Is the Role of Parental Consent?
Parental consent does not have any bearing on statutory rape cases under Texas law. Even if the parents of the minor are aware of the relationship and approve, the act is still considered a crime under Texas law.
How Important Is Legal Representation?
Hiring a lawyer is important when facing statutory rape charges in Texas. A skilled criminal defense attorney can evaluate the specifics of the case and determine the most applicable defenses, potentially mitigating penalties or even obtaining a not-guilty verdict.
Resources
Texas State Law Library – Statutory Rape Laws
Offers information on the Texas statutory rape laws. Visit Texas State Law Library
Texas Penal Code – Sexual Offenses
The Texas Penal Code clarifies all the sexual offenses in the state, including statutory rape. See Texas Penal Code
Texas Attorney General – Criminal Justice Process
Overview of the criminal justice process in Texas. Learn More
Texas Department of Public Safety – Sex Offender Registry
Information on requirements to be registered as a sex offender in Texas. Visit Registry Info
Statutory Rape Lawyer | Price & Twine, PLLC
When it comes to defending against accusations of rape, you need a law firm you can trust. At Price & Twine, PLLC, our lawyers provide clients with the peace of mind in knowing that an experienced professional is defending them from serious accusations while protecting their rights throughout the legal process. Call us today at (512) 354-1880 or make an appointment online for a consultation regarding your case.
For more information on sexual assault, click here.