What Is “Statutory Rape”?
Statutory rape occurs when an adult has sexual contact with a minor and both parties agreed to participate. However, the minor was under the age of legal consent, which made the sexual contact illegal.
In Texas, the age of consent is 17.
Unlike many other sex crimes, statutory rape does not need to involve violence, coercion, threats, or force. The criminal charges boil down to the ages of the two parties.
Note that in Texas, “statutory rape” is an informal term. Depending on the nature of the sexual contact, the legal terms, as stated in the Texas Penal Code, are Indecency with a Child and Sexual Assault.
Indecency with a Child includes touching (even over clothing) and acts of exposure. Sexual Assault includes acts of penetration and oral sex.
The stereotype of a statutory rape case is an older man and a younger female, but that is not always what happens. There is nothing in the Texas Penal Code that prevents a woman from being charged with statutory rape. In addition, statutory rape can occur between two parties of the same sex or of the opposite sex.
Statutory Rape Allegations
Allegations of statutory rape can come about in different ways. In some instances, both parties acknowledge the sexual relationship was consensual, but the younger party’s parents are pushing for the charge. Or, perhaps the younger party agreed to the sexual contact, but has now come forward to report the relationship.
Some minors lie about their age, stating they are older than they really are. It is only after sexual contact has occurred that the adult party learns they were involved with a minor.
Unfortunately, not knowing someone’s true age — even if you were lied to or otherwise deceived — is not an affirmative defense to statutory rape charges. However, if you find yourself in that situation, it does not mean that you cannot pursue a favorable outcome for your case.
In the video below, you can hear a client’s testimony about how Attorney Kent Starr’s defense strategy kept him out of prison and off the sex offender registry.
Texas Statutory Rape Laws
Two sections of the Texas Penal Code that discuss statutory rape are Section 22.011 Sexual Assault and Section 21.11 Indecency with a Child.
Section 22.011 Sexual Assault states, in part, that:
“A person commits an offense if . . . regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.”
Section 21.11 Indecency with a Child, states, in part:
“(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.”
Defenses to Statutory Rape Charges
Depending on the specifics of your case, there may be affirmative defenses to statutory rape charges.
Marriage
If two parties of any age are legally married, consensual sexual contact cannot result in statutory rape charges. This law provides protection for an older party who is married to a minor.
(Note that non-consensual sexual contact within a marriage is a crime.)
Close-in-Age Exception
This exception, often called a “Romeo and Juliet” clause, legally permits sexual activity between close-in-age partners. Texas law allows for a three-year age gap between a minor aged 14-17 and an older partner.
- For example, an 18-year-old and a 15-year-old could have consensual sexual contact.
- However, it would be illegal for an 18-year-old and a 14-year-old to do so.
The Romeo and Juliet clause acknowledges the simple fact that teenagers are sexually active. This exception protects young adults against criminal charges for consensual relationships with people near their own age.
As the law sits today, the Romeo and Juliet clause in Texas only pertains to opposite sex partners. There is currently no legal protection for close-in-age same sex partners. In a same sex couple, if one party was 17 and one was 15, charges could be brought against the 17-year-old.
A Lack of Evidence
In any criminal case, the burden is on the prosecution to prove, beyond a reasonable doubt, that the defendant committed a crime. The prosecution must submit enough evidence to support statutory rape charges.
Illegally Obtained Evidence
Police and other members of law enforcement must obtain evidence in a legal manner. For example, they must have either a valid search warrant or your permission to seize your cell phone or other electronic devices.
Evidence that is obtained illegally may be thrown out of court.
Statutory Rape in Texas: FAQs
If you’ve been charged with statutory rape, you probably have a million thoughts running through your head: Will I go to prison? Do I have to register as a sex offender?
Below are answers to some of the most frequently asked questions about statutory rape. This information is an overview of Texas laws and is not a substitute for discussing your case with an attorney.
Do you have to register as a sex offender for statutory rape in Texas?
According to Chapter 62 of the Code of Criminal Procedure, a conviction for Indecency with a Child or Sexual Assault can result in having to register as a sex offender.
In addition, if you accept a plea offer of deferred adjudication — which is not a conviction — you will still be required to register as a sex offender under Chapter 62.
Does Texas have a ‘Romeo and Juliet’ law?
Yes, Texas does have a close-in-age exemption, which is also commonly called a “Romeo and Juliet law” or a “Romeo and Juliet clause.”
Texas law allows for a three-year age gap between a minor aged 14-17 and an older partner.
Unfortunately, in Texas the Romeo and Juliet law only applies to opposite-sex couples, not same-sex couples.
What are the penalties for a statutory rape conviction in Texas?
- A conviction for a second degree felony in Texas carries a prison term of 2 to 20 years and a monetary fine of up to $10,000.
- A conviction for a third degree felony in Texas carries a prison term of 2 to 10 years and a monetary fine of up to $10,000.
Can a teenager be charged with statutory rape?
The short answer is “Yes.” Texas law generally considers individuals who are 17 years and older as adults.
For example, a 17-year-old who has sexual contact with a 13-year-old could be charged with Indecency with a Child or Sexual Assault. These two parties are more than three years apart, so the close-in-age exception does not apply.
In addition, any child, regardless of their age, who has sexual contact with a minor under the age of 17 years of age can be charged, just like an adult. It doesn’t matter if the child is 13 years of age, the State of Texas will charge the child for an offense of sexual assault.
Keep in mind that sexual contact does not have to involve sexual intercourse. Briefly touching a minor’s genitals with consent, even while fully clothed, can result in charges of Indecency with a Child, which is a felony.
Should I accept a plea bargain for statutory rape?
It’s a myth that when facing statutory rape charges, the best possible outcome is to always accept a plea bargain.
Some criminal defense lawyers push their clients to accept a plea bargain because they don’t want to go to trial. These lawyers are inexperienced, just plain unmotivated, or are scared to step foot in a courtroom.
Attorney Kent Starr is different. He has a proven track record of taking cases before a judge or jury to obtain a favorable outcome for his clients. These court cases are all a matter of public record. Before you hire Attorney Starr to represent you, he is more than willing to discuss prior sex crime cases he’s handled in the past and how those cases were resolved.
A plea bargain may be one of several options available to you, but may or may not be in your best interest. Attorney Starr can discuss all of your legal options and the possible ramifications of pursuing each one.
Why Hire Attorney Kent Starr?
There are many law firms in the Plano, TX area that handle statutory rape and other sex crimes. But few have the experience, skill, and track record of Attorney Kent Starr.
Below are just a few of his recent client reviews from Google.
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Attorney Kent Starr also has the advantage of being a bail bonds attorney; many other law firms do not have the financial capabilities to do so.
Unlike other bondsmen, Attorney Starr will not require you to do weekly check-ins or place limitations on where you can travel.
One phone call to Starr Law, P.C. secures your release and starts your legal representation.
