All You Need To Know About Statutory Rape Law

Sex with someone under 17 who is not their spouse is illegal in Texas (Section 21.011 of the Texas Penal Code). Statutory rape is when someone has sex with a person who is not old enough to give consent. People view it as a type of sexual assault and it can result in charges for sex crimes.

Statutory rape is the term used to describe a form of sexual assault. The young person’s agreement doesn’t matter because the law sees them as too young to give proper permission. If an adult engages in sexual contact with someone under the legal age, authorities can charge them with statutory rape.

Types Of Statutory Rape in Texas

● Indecency with a Child – Penal Code Sec. 22.11(A)(2)

• Is a serious crime where an adult does sexual or inappropriate things with a child under 17 years old. These things can be touching private body parts or showing private body parts to the child. Even if a child consent to sexual activity, it’s still a crime because they can’t give permission for it.

● Sexual Assault Of A Child – Penal Code Sec. 22.011

• This involves any sexual act or contact with a child under 17 years old. It includes actions such as touching intimate body parts, engaging in sexual penetration, or exposing genitals to a child.

● Aggravated Sexual Assault Of A Child – Penal Code Sec. 22.021

• Aggravated Sexual Assault is a very serious crime. It involves having sexual contact with a child under 17, along with certain aggravating factors. These factors are violence, force, a 3-year age gap between the person and the child, or having power over the child.

 ● Statutory Rape Involving Authority Figures –  Penal Code Sec. 21.12

• It occurs when a trusted person, like a teacher or coach, does inappropriate things with a child they are responsible for. People do not consider regular statutory rape cases as serious as this.

Statutory Rape Convictions & Charges

Indecency with a Child is a serious offense and classifies it as a second-degree felony. The punishment for this crime can be 2 to 20 years in jail and/or a fine of up to $10,000.

Sexual Assault Of A Child is a second-degree felony, which carries severe penalties. The penalty for this crime can be 2 to 20 years in jail and/or a fine of up to $10,000.

Aggravated Sexual Assault Of A Child is a first-degree felony, which Texas considers the most severe felony classification. The punishment for this crime is severe. It can be either life imprisonment or a sentence of 5 to 99 years. There is also a possibility of parole. Additionally, the offender may face a fine of up to $10,000.

Statutory Rape Involving Authority Figures is severe and regarded as more serious than regular statutory rape cases.

If the adult and minor are less than three years apart in age, it is a second-degree felony. Penalties can include imprisonment for a term ranging from 2 to 20 years and/or a fine of up to $10,000.

What is “Romeo and Juliet Law”?

There is a special provision designed to offer exemptions to protect young people. If two minors are close in age and have a consensual relationship, they may not face sexual criminal charges.

The law bears the name of the famous Shakespearean characters Romeo and Juliet, who were teenagers involved in a romantic relationship. This law aims to prevent treating young people as criminals. It focuses on those who engage in consensual relationships with partners who are close in age. This applies even if they are below the legal age of consent.

The Romeo and Juliet Law protects but does not approve of, sexual activity with minors. It helps young people avoid serious criminal charges if they are in a consensual relationship with someone close to their age. Being in a consensual relationship with someone close to their age can protect young people from severe criminal charges. Specific circumstances and individual cases can influence how people apply this law, as with any legal matter.

Arrested? Don’t Plea, Call Me!

If you or someone you care about faces an accusation of statutory rape in Texas, prepare for a tough legal battle. Getting help from a skilled lawyer is crucial when facing an assault charge.

Our Criminal Defense Attorneys are skilled at communicating and understanding the need for privacy when dealing with sensitive issues. They work hard to protect your rights and view your case positively. With their expertise, there is hope for a positive outcome in your case.