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Houston Statutory Rape Lawyer

Accusations of statutory rape can ruin your career, damage your personal relationships, and potentially land you in prison.

If you have been charged with statutory rape, you need an experienced Houston child sex crimes attorney like Ned Barnett. With over 30 years of legal experience, Attorney Barnett will your case, guide you through the legal process, and work to protect your future.

Contact the Law Offices of Ned Barnett for a free and confidential consultation at (713) 222-6767.

Definition of Statutory Rape in Texas

Texas does not have a specific “statutory rape” charge, but under state law, it is illegal for anyone 18 years or older to engage in sexual activity with anyone under 17, even if the minor gave consent. While Texas law doesn’t use the term “statutory rape,” statutory rape cases in Texas are often prosecuted under statutes related to:

  • Indecency with a Child: This charge involves sexual contact without penetration or intercourse. Indecency with a child is a second-degree felony and can result in 2 to 20 years in prison and a fine of up to $10,000.
  • Sexual Assault of a Child:This involves sexual intercourse or penetration. If the child is younger than 14, this is a first-degree felony, with penalties ranging from 5 to 99 years or life in prison.

These laws make it illegal for an adult to engage in sexual acts with a minor under 17, with penalties increasing in severity if the minor is under 14.

Charges Can Be Filed without Proving Force or Coercion

In Texas, prosecutors do not need to prove that force, violence, or coercion was used to obtain a conviction for statutory rape. Specific language in the applicable statutes emphasizes that consent is not a defense when the minor is below the age of consent. It is enough that an adult had sex or sexual contact with a minor under 17.

Even if the minor consented to the sexual activity, the law does not consider them capable of giving legal consent. As a result, these cases can be difficult to defend without a strong legal strategy.

Texas Statutory Rape Penalties

The punishments for sexual contact with a minor in Texas are harsh. In addition to a lengthy prison sentence, a conviction can lead to mandatory sex offender registration, which carries its own set of lifelong challenges. Penalties for statutory rape and related charges include:

  • Indecency with a Child:A second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.
  • Sexual Assault of a Child Under 14:A first-degree felony, punishable by 5 to 99 years or life in prison.
  • Lifetime Registration as a Sex Offender:Convicted individuals must register as sex offenders, which imposes strict limitations on where they can live and work. This registration is also publicly available.

Collateral Consequences of a Statutory Rape Conviction in Texas

A statutory rape conviction can have life-altering consequences beyond prison time and fines. Convictions typically require mandatory sex offender registration, which severely restricts where a person can live, work, and even socialize.

Additionally, a criminal record can hinder future employment opportunities, educational pursuits, and your relationships with family and friends.

Defenses Against Statutory Rape Charges

Being charged with statutory rape is serious, but there are specific defenses that an experienced attorney can consider, such as:

Romeo & Juliet Exception

Texas law includes a “Romeo and Juliet” provision, which provides an affirmative defense in cases where both parties are close in age and the relationship was consensual. According to Texas Penal Code § 22.011(e), if the accused and the alleged victim are within three years of age and the alleged victim is at least 14, then this exception may apply.

This defense does not apply to cases involving individuals more than three years apart or where coercion, force, or other aggravating factors are present.

Lack of Evidence

In any criminal case, the prosecution bears the burden of proving guilt beyond a reasonable doubt. An effective defense may focus on challenging the sufficiency or reliability of evidence presented by the prosecution.

For example, an attorney might question the validity of witness statements, scrutinize physical evidence for inconsistencies, or examine digital records for exculpatory details.

False Accusations

In some cases, statutory rape allegations arise from misunderstandings, personal conflicts, or intentional false accusations. A defense attorney can investigate the motivations behind the accusations, review communications between the parties, and examine any relevant social media or digital evidence to discredit the claim.

FAQs about Statutory Rape Charges in Texas

What is the age of consent in Texas?

In Texas, the age of consent is 17. This means that individuals under the age of 17 cannot legally consent to sexual activity with an adult. Engaging in sexual activity with someone younger than 17 can result in criminal charges, regardless of the minor’s perceived willingness.

Do I have to register as a sex offender if I’m convicted of statutory rape?

Yes, a conviction for statutory rape usually results in mandatory sex offender registration. You may not have to register for life, but this requirement can impact where you individual live and work for many years.

What are the penalties for statutory rape in Texas?

Statutory rape is a second-degree felony, punishable by 2 to 20 years in prison, up to $10,000 in fines, and mandatory sex offender registration.

What should I do if I am charged with statutory rape?

If you’re accused or charged, remain silent and contact an experienced criminal defense attorney immediately. Avoid discussing the case with anyone other than your attorney, as anything said can be used as evidence. A skilled attorney will guide you through the legal process and help protect your rights.

Can I be charged if I didn’t know the minor’s age or if they lied?

Yes, Texas law does not excuse a lack of knowledge regarding the minor’s age, even if the minor lied or appeared older.

Related Reading

For more information on statutory rape charges and related topics, you may find these articles helpful:

Contact a Houston Statutory Rape Attorney Today

If you are facing statutory rape charges or have questions about your legal options, contact the Law Offices of Ned Barnett today. Texas laws about sex crimes are strict, but there are legal defenses that may be applicable, especially with an experienced attorney by your side.

For a free, confidential consultation, contact us at (713) 222-6767. Let us help you build the strongest defense possible.