Age Is More Than a Number: Lying About Your Age Is Not a Defense to Sex Crimes in TX

Many people are surprised to learn that in Texas, age deception is not a valid defense against sexual assault charges involving a minor. Even if you genuinely believed the minor was an adult, or if the minor lied, you can still be convicted of serious crimes like statutory rape.

Why Age Deception Is Not a Defense to Sexual Assault in Texas

Adults are expected to take full responsibility for their actions, mainly when their actions involve minors. Suppose you or a loved one has been charged with a sexual offense in Texas because the alleged victim misrepresented their age. In that case, it is crucial to understand the law and seek legal assistance immediately.

Can You Go to Jail if a Minor Lied About Their Age?

Yes, in Texas, you can go to jail even if a minor lied about their age. Sexual assault of a minor is a strict liability offense in Texas, meaning that the prosecution does not need to prove that you knew the minor’s true age.

If the minor was under 17 at the time of the sexual contact, you could be convicted regardless of any deception about their age. This often results in well-meaning individuals facing serious criminal charges.

What if I Meet Someone in a Bar (Where You Have to Be a Certain Age)?

Meeting someone in a bar or another age-restricted venue does not provide legal protection if that person turns out to be a minor. Texas law holds adults accountable for verifying the age of their sexual partners.

Even if the minor used a fake ID or lied about their age to gain entry, you are still responsible for ensuring they are of legal age. The venue’s age restriction does not serve as a defense in court.

What if a Minor Lies About Their Age Online?

The rise of online interactions has made it increasingly common for minors to lie about their age on dating apps, social media, and other online platforms. However, this does not protect you from criminal liability.

Even if the minor misrepresented their age to access an adult-only platform, you are still legally responsible for verifying their age before engaging in any sexual activity. Online deception does not serve as a defense in court, and you could face severe penalties for online solicitation if convicted.

Is Lying About Your Age Illegal?

While it is not illegal for a minor to lie about their age, this misrepresentation can have severe legal consequences for the adults involved. The minor’s deceit does not absolve you from criminal liability for engaging in sexual activity with them.

Although minors might face other repercussions for their actions, such as being barred from certain venues or websites, these are separate from the criminal charges you face.

Sexual Assault on a Minor Is a Crime of Strict Liability

In Texas, sexual assault on a minor is considered a strict liability crime. This means the alleged offender’s state of mind or intent is not an element of the case.

To convict you of sexual assault against a minor, a prosecutor only needs to prove that:

• You had sexual contact with another person.
• That person was under the age of 17 at the time the sexual contact occurred.

Adults Must Perform Due Diligence in Determining the Age of Their Sexual Partners

In Texas, the law places the responsibility on adults to verify the age of their sexual partners. This means that adults must take reasonable steps to ensure that anyone they engage in sexual activity with is of legal age. This due diligence can include:

• Asking for and verifying government-issued identification.
• Cross-referencing information provided by the partner with other available information.
• Being cautious in situations where the partner appears younger than the claimed age.

What Defenses Are Viable if a Minor Lied?

There are defenses available in cases where a minor lied, and you were charged with statutory rape as a result, but they are limited. In Texas, the only affirmative defense available against statutory rape charges is to show that you were legally married to the victim at the time of the offense. This defense is not a possibility in most cases.

You can refute the prosecutor’s allegations by presenting evidence that no sexual contact occurred or that the alleged victim was at least 17 years old. An affirmative defense might also be possible if the minor is between 14 and 16 and you are not more than three years older than the minor. However, if the minor is under 14, your age is irrelevant and not a defense.

Can a Minor Lying About Their Age Help Your Case?

The issue of age deception is not entirely irrelevant in a case involving the sexual assault of a minor. If you get convicted, the fact that the victim lied about their age may serve as a mitigating factor that could reduce your sentence. Age deception cannot get you out of a conviction, but the issue can be raised at your sentencing hearing to obtain leniency from the judge.

What to Do if You’re Accused of Sexual Assault Due to Age Deception

Being accused of sexual assault involving a minor is a serious matter with significant legal consequences. Understanding the legal process and potential outcomes can help you and your legal team prepare an effective defense.
Here are the key points to consider:

• Understand The Charges – When accused of sexual assault involving a minor, the charges can range from statutory rape to more severe felony charges. The specifics of the charges will depend on the minor’s age and the circumstances of the alleged offense.
• Know the Potential Penalties – Convictions can lead to severe penalties, including lengthy prison sentences, hefty fines, mandatory registration as a sex offender, and a permanent criminal record. These consequences can profoundly affect your personal and professional life.
• Consider Your Legal Defenses – There are limited defenses available in these cases. Your defense strategy might involve proving that no sexual contact occurred, demonstrating that the alleged victim was of legal age, or, in very rare cases, presenting an affirmative defense, such as being legally married to the minor at the time of the offense.
• Appreciate the Seriousness of the Situation – The legal system treats allegations of sexual assault on minors with utmost seriousness. Understanding the gravity of the charges against you and the stringent nature of Texas laws regarding sexual offenses is crucial for preparing your defense.

Steps to Take If You’re Accused

If you find yourself accused of a sex crime involving a minor, mainly due to age deception, it is critical to take immediate and strategic action to protect your rights:

• Contact an Experienced Sexual Assault Lawyer – The first and most crucial step is to seek legal representation from an experienced Houston sexual assault lawyer. An attorney who focuses on these cases can provide expert guidance, protect your rights, and develop an effective defense strategy.
• Document Evidence or Communications That Supports Your Defense– Collect and preserve any evidence that may support your version of events. This includes text messages, emails, social media interactions, and other forms of communication with the alleged victim. Evidence that shows age deception or consent can be pivotal in your case.
• Avoid Contact with the Alleged Victim– Do not attempt to contact the minor involved or any potential witnesses directly. Any contact can be misinterpreted and used against you in court. Let your attorney handle all communications related to the case.
• Don’t Discuss the Case Publicly or on Social Media– Avoid discussing the details of your case with anyone other than your attorney. This includes refraining from posting about your case on social media, as anything you say can be used as evidence against you.
• Follow Your Attorney’s Advice – Your lawyer will provide specific instructions tailored to your case. Follow their advice closely and attend all court hearings and legal appointments. Cooperation and compliance with your legal team can significantly impact the outcome of your case.

A Houston Sexual Assault Lawyer Can Help

At The Law Offices of Ned Barnett, we understand the complexities and sensitivities of sex crime cases involving age deception. Our experienced attorneys provide the best defense possible and can help you navigate through challenging circumstances.

If you have been accused of a sex crime related to the age of your romantic partner, call us today at (713) 222-6767, or reach out online to schedule a free and confidential consultation with attorney Ned Barnett. We have a proven track record of helping our clients avoid harsh penalties for misunderstandings and effectively dealing with serious accusations.