Statutory Rape Lawyer – Brett A. Podolsky
An adult who is accused of committing a sex crime against a child often faces harsh judgment from strangers, friends and even family, before he even has a chance to defend himself in a court of law. A charge of statutory rape against a minor is devastating to one’s professional and personal life. Fortunately, you don’t need to navigate this difficult storm on your own. An experienced attorney will ensure you are treated fairly by the justice system.
In the state of Texas, statutory rape is defined as having sexual intercourse with a minor under the age of 17, with or without consent. Statutory rape may also be applicable in cases in which intercourse occurs with any individual who is mentally or physically incapacitated regardless of age. Acts of statutory rape include:
- Penetrating the anus or sex organ of a child with a sex organ
- Penetrating the mouth of a child with a sex organ
- Causing the mouth of a child to contact a sex organ or anus
Punishments of Statutory Rape in Texas
In Texas, statutory rape is classified as a second-degree felony. Those convicted face a prison sentence between two and 20 years depending on the severity of the crime and the age of the victim. Fines of up to $10,000 may be mandated. Those convicted will be required to register with local law enforcement as a sex offender for life.
Defending Statutory Rape Cases
A skilled attorney can examine the details of rape case to create an effective defense. While the state of Texas does not allow a defense that claims the defendant did not realize that the victim was a minor when the sexual act occurred, other valid defenses include:
- If the plaintiff and the defendant are close in age, a peer sex exemption may be argued.
- Nationally, United States Courts have started accepting rape by fraud as a defense strategy. This defense establishes that the plaintiff set out to defraud an individual into having sexual intercourse for retaliation or gain.
- If the charges occurred while rendering medical care to a child, an attorney can argue that the charges were not of a sexual nature. The absence of mouth to genital contact between the victim of the defendant must be evident.
Contact Houston Statutory Rape Attorney Brett A. Podolsky Today
A charge of statutory rape is a serious matter that may negatively impact the rest of your life. The Law Office of Brett A. Podolsky will carefully analyze the evidence in your case to create the strongest defense to protect your future.
Contact Brett A. Podolsky today for a free consultation at 713-227-0087.