What Is Statutory Rape?
Texas law makes it a crime for anyone over 18 years of age to engage in sexual activity with someone under the age of 17. In the eyes of the law, it makes no difference if the victim consents to sexual activity because they are below the appropriate age of consent. Those who are under the age of consent cannot make an informed decision regarding sexual activity, so anyone who engages in this type of activity with a minor may be prosecuted for statutory rape.
What Are The Penalties In Texas For Statutory Rape?
The penalties for statutory rape in Texas vary, depending on the severity of the crime. Some examples of charges and penalties are:
Indecency With A Child
A defendant may be charged with indecency with a child, even if no touching was involved. This charge is used when the defendant exposes himself to a child or exposes a child’s private parts for sexual pleasure. In Texas, indecency with a child is a felony and carries the following penalties if no physical contact is involved:
- Monetary fines up to $10,000.00
- Confinement in the state penitentiary lasting from 2 to 10 years
- Mandatory registration as a sex offender for the remainder of the defendant’s life
When a defendant physically touches a child in this manner, the penalties may include:
- Monetary fines up to $10,000.00
- Confinement in the state penitentiary lasting from 2 to 20 years
- Mandatory registration as a sex offender for the remainder of the defendant’s life
Sexual Assault Against a Minor
Sexual assault against a minor is a more serious crime, so the penalties are typically harsher. This charge is used when physical violence or force is used when engaging in sexual activity against the child’s will and penetration is involved. This crime is a felony in the second degree. The penalty for sexual assault in Texas may include:
- Monetary fines issued at the court’s discretition
- Confinement in the state penitentiary lasting from 2 to 20 years
Defendants may also have additional charges to go along with sexual assault, such as:
- Child Molestation
- Statutory Rape
- Sexual Assault With A Deadly Weapon
Aggravated Sexual Assault
In Texas, aggravated sexual assault is a very serious crime and a felony in the first degree. This charge may be used when a sexual assault against a child occurs and the following contributing factors exist:
- The child was less than 14 years of age
- A weapon was used
- The threat of death or physical harm was used
- Date rape drugs were administered to the victim
Because aggravated sexual assault is a first degree felony, the penalties are harsh and can include:
- Monetary fines
- Registration as a sexual offender for life
- Confinement in the state penitentiary for 2 years to life
Defending a Statutory Rape Charge
To defend these types of charges, your lawyer may use strategies to prove you were not the one who committed the crime or they may use an exemption to the law. Some exemptions that may apply in Texas include:
Mistaken Age
This strategy is used when a defendant had no way of knowing the victim’s age and believed they were above the age of consent.
Romeo and Juliet
In Texas, the Romeo and Juliet exemption may be used when the minor is between 14 and 17 and the defendant is no more than 3 years older than the victim.
Marital Exemption
If the defendant and a minor are married, the defendant cannot be prosecuted for engaging in sexual activity with the minor. The law protects married couples in this manner, even when one party is below the age of consent.
Being charged with a sex crime is a stressful and difficult time. Being convicted of these serious charges could result in the loss of your freedom or cause you to register as a sex offender for the rest of your life. If you are facing statutory rape charges in Texas, contact an attorney for advice.
