However, for some teenagers in Texas and nationwide, young love can land them a lengthy jail sentence, due to the sex crimes laws on the books. These types of laws exempt some teenagers and young adults engaging in sexual relations with someone under the age of consent from being.
Table of contents
- What is the Age of Consent for Sex in Texas?
- Texas Age of Consent Lawyers
- Texas Age of Consent & Statutory Rape Laws
Though statutory rape does not require that the prosecutor prove force or violence, it is still rape. Of course, rape that does involve force or an assault is illegal in Texas and prosecuted as forcible rape. In Texas, statutory rape includes sexual penetration and sexual contact between an adult and someone younger than The crime is broken into several categories:. Aggravated sexual assault involves sexual penetration however slight between a minor who is younger than 14 years old and a defendant of any age.
Sexual assault involves sexual penetration between a minor who is younger than 17 and a defendant who is three or more years older than the victim. Indecency with a child.
Indecency with a child involves sexual contact sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire between a minor who is younger than 17 and a defendant who is three or more years older than the victim. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including some instances of statutory rape register as sex offenders.
Texas has a marital exemption for statutory rape that allows consensual sex between a married minor and his or her adult spouse even though their ages would prohibit it if they were not married.
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The marital defense is a remnant of the marital rape exemption. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 21 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Texas, Tony need not fear criminal charges for having consensual sex with Jen.
However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married.
What is the Age of Consent for Sex in Texas?
In Texas, there is a Romeo and Juliet exemption for consensual sex between a minor who 14, 15, 16, or 17, and an opposite-sex partner who is three or fewer years older than the minor. Texas's Romeo and Juliet exception does not apply to same-sex situations.
For example, an year-old male who has consensual sex with a year-old female could be acquitted under the state's Romeo and Juliet defense. Can't find your category?
Texas Age of Consent Lawyers
Speeding and Moving Violations. Please provide a location and choose a category. Link to this page: Find the Right Lawyer Now! Choose Your Legal Category: If the conviction is for sexual assault of a child younger than 14, you will face 5 to 99 years or life in prison.
Texas Age of Consent & Statutory Rape Laws
The statutory and social consequences of being charged with sex with a minor are too great to face alone. If you have been charged with a sex crime with a minor, you need an experienced Houston sex crimes attorney like Ned Barnett by your side to defend you in court.
The purpose of the law is not to charge teenagers who engage in consensual sex with a crime. For instance, if a 19 year old were to have consensual sex with a 16 year old, this may fall into the exception. However, neither the marriage nor 3 year age difference exceptions are defenses to forced or coerced sexual intercourse or contact. Many charges of sex with a minor involve consensual experiences or accusations. For example, many teens find it exciting to sneak into bars or college parties where they lie about being 21 years old.
They may meet someone at these events and have sexual intercourse or contact. Although the adult may not have known the age of the minor, he or she may still be charged with a sex crime and labelled a sex offender the rest of his or her life.