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Statutory Rape Laws

Statutory rape laws are designed to protect minors from sexual exploitation and ensure that individuals engaging in sexual activities with minors face legal consequences. In the state of Texas, statutory rape laws play a crucial role in defining the age of consent and establishing the parameters for consensual sexual relationships involving minors. This summary explores the statutory rape laws in Texas, examining the age of consent, potential defenses, and the legal consequences for violations.

Travis County Statutory Rape Lawyer

If you have been arrested and charged with statutory rape, it is essential to your future that you contact an experienced Austin statutory rape attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.

Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your statutory rape charges in Travis County.

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Understanding Statutory Rape in Texas

In Texas, the age of consent is 17 years old. This means that an individual who is 17 years old or older can legally engage in consensual sexual activity with another person who is also 17 years old or older. However, any sexual activity with a minor below the age of 17 is considered statutory rape, regardless of whether or not it is consensual.

This is because children under the age of consent are considered to not be able to fully consent. Statutory rape is generally paired with another charge like Sexual Assault or Indecency with a Child.

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Romeo and Juliet Laws

Most states provide some leniency for teenage couples near the same age, and Texas is no exception. The general Romeo and Juliet provision is Texas Penal Code 42.017. However, the age of exception generally depends on the crime allegedly committed. For Sexual Assault and Indecency with a Child, the range is 4 years. For sexual performance and electronic transmission (sexting), the provision is for 2 years.

Additionally, Romeo and Juliet statutes require that the youngest party be no less than 15 years of age.

Crossing State Lines

Statutory rape laws become complicated when one or more parties begin to cross state lines. If one person is 18 years old and the other is 16 and have been in a dating relationship for multiple years, the 18-year-old could likely use the Romeo and Juliet clause as a viable defense if they both live in the same state. If, however, the 18-year-old lives in Arizona where the age of consent is 18 and crosses into Texas to engage in sexual activity with the 16-year-old, they may not be able to use the Romeo and Juliet clause as a defense.

In the majority of situations, crossing state lines defaults to federal laws. Under U.S.C. 2423, it is illegal to cross state lines to have sex with someone under 18 years of age. However, this is a federal crime, and not a state crime.

Penalties for Statutory Rape

Engaging in sexual activity with a minor under the age of 17 in Texas is considered a serious offense, and the legal consequences for statutory rape can be severe. The penalties and level of charge vary based on factors such as the age of the offender, the age of the minor, and the nature of the relationship.

Statutory Rape is typically classified under Sexual Assault of a Minor, which is a second-degree felony, unless the minor is under the age of 14, in which case it is a first-degree felony.

Second-degree felonies are punishable by:

  • 5-20 years in prison
  • Up to a $10,000 fine

First-degree felonies are punishable by:

  • 5-99 years in prison
  • Up to a $10,000 fine

The above penalties assume the absence of aggravating factors and that the parties consented fully, if not legally. In addition, the age of the alleged perpetrator is a major factor in the prosecutor’s decision to pursue the case.

Collateral Consequences of Sex Offenses

In addition to the above penalty schedule, anyone convicted of rape will be required to register for the sex offender registry and appear regularly for monitoring purposes. The results of a felony conviction and sex offender registration are catastrophic. These consequences will include:

  • Loss of employment: Most employers will not accept applications from someone with a felony conviction. Additionally, sex offenders face even more stringent background screening
  • Loss of housing: Similarly, apartment and home renters are unlikely to want to rent to felons and/or sex offenders. Where a person can live is also impacted by placement on the sex offender registry.
  • Loss of right to vote: In Texas, felons are not allowed to vote until their imprisonment, parole and probation have all completed.
  • Loss of right to carry a firearm: Felons are not allowed to have firearms in Texas.

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Common Defenses for Statutory Rape

  • Romeo and Juliet: Depending on the specific sex crime and the age of the parties, it may be possible that one of Texas’s Romeo and Juliet statutes apply. This may result in a mitigation or dismissal of the charges in its entirety.
  • Mistaken Age: Generally, the onus of sex crimes concerning age lies on the alleged perpetrator. This means that it does not matter if the other person lied about their age – you are still legally on the hook. This depends on the prosecuting attorney, however. If you were reasonably misled as to the other person’s age, then this may be used to mitigate, if not dismiss, the charges.
  • Marriage: In some rare cases, it is legal to marry a person under the age of 18 in Texas with permission from their parents. In such a case, it is legal to have sex with that person. However, this is a very rare circumstance.
  • Arguing whether sexual actions took place: Your attorney may also argue that the prosecution does not have the evidence necessary to prove that any sex act took place. If successful, defense would then shift to fighting solicitation charges.

Additional Resources

RAINN | Sexual Assault Hotline – Visit the official website for RAINN, which is the Rape, Abuse, and Incest National Network. They are currently the largest anti-sexual violence organization in the country and offer a hotline to those who have suffered from sexual violence. Access the site to read more about the hotline, the RAINN app, resources for victims, and more.

Texas Statute for Sexual Assault – Visit the official website for the Texas Penal Code to learn more about their various sexual offenses including sexual assault. Access the site to learn important definitions for legal terms, penalty enhancements for sexual assault, and other related sexually motivated offenses such as indecent exposure.

Romeo and Juliet Provision – Read the original language for the Romeo and Juliet provision in Texas Penal Code 42.017.

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Hire a Statutory Rape Lawyer in Austin, Texas

Kevin Bennett is a qualified statutory rape defense attorney who has years of experience representing clients who have been charged with sexually related crimes in and around Austin, Lago Vista, Rollingwood, Sunset Valley, West Lake Hills, Travis County, Lakeway, and Pflugerville.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation about the sex charges against you. Your initial consultation is free, and it is the first step in fighting to protect your reputation and freedom.

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