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Statutory Rape: Essential Legal Advice to Avoid Jail

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It’s always wise to take a little extra care before placing yourself in a position that could result in a statutory rape charge. Texas law regards minors as being incapable of consenting to sexual relations. Even if the incident didn’t involve violence, having sex with a minor is still considered rape. Unfortunately, many Texans are falsely accused and convicted of statutory rape.

Statutory Rape Charges

Statutory Rape Essential Legal Advice to Avoid JailStatutory rape charges can be filed against any adult that engages in sexual contact or sexual penetration with someone that is under the age of 18. The following criminal charges and penalties are available in the state of Texas:

  • Aggravated Sexual Assault – This charge is available for any adult that engages in sexual penetration of any kind with a minor child under the age of 14. Aggravated sexual assault is punishable by a first degree felony conviction and between five and 99 years in prison.
  • Sexual Assault – This charge involves sexual penetration with a victim that is 17 or younger by an offender that is at least three years older than the victim. Successful prosecution could result in a second degree felony conviction and between two and 20 years in prison.
  • Indecency with a Minor Child – Child indecency includes sexual touching for the purpose of sexually arousing a minor aged 17 or younger by an offender that is at least three years older than the victim. The available penalties include a second degree felony conviction and between two and 20 years in prison.

False Accusations

Statutory rape charges often arise from false accusations by an alleged victim. A falsely accused defendant should take immediate action to mount a vigorous legal defense. The following steps are recommended:

  • Collection of physical evidence related to the alleged crime-photos, videos, clothing and other relevant objects
  • Collection of documents-written correspondence, emails, telephone and GPS records, pertinent business or financial records and other information that can verify a defendant’s whereabouts when the alleged crime was committed
  • Documentation of crime scene evidence-blood stains, bullet casings, documents and other potentially useful objects
  • Documentation of potential witnesses and contact information-persons that may have knowledge concerning the alleged victim, related incidents or subsequent accusations

Things Not to Do

When someone is falsely accused of statutory rape or some other crime, it’s tempting to take decisive action. You should never destroy incriminating evidence. Doing so will only increase the suspicions of law enforcement authorities. The destruction of evidence could also lead to additional criminal charges.

A criminal defendant should never make contact or communicate with an alleged victim. It is also unwise for a suspect to answer questions or make statements without the counsel and guidance of a personal defense attorney. Anything you say or do will be used by the prosecution to obtain a conviction.

Sex with a Minor Defense

When you are arrested for having sex with a minor, your life may make a dramatic change for the worst. A conviction can cause you to lose your job, your family, friends, self-respect, reputation and freedom. Thankfully, you can avoid all of this by hiring an experienced attorney. See how Brett A. Podolsky can help you by calling 713.227.0087.

*Image courtesy of freedigitalphotos.net

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