Many adults are charged with sexual crimes as the standard to be prosecuted is very low for the State of Texas to establish a violation. For example, indecency with a minor does not require a mental state.
Regardless of the person represents to you that they are above the age 17 and you, engage in sexual relations, you are guilty of a 1st-degree felony that could subject you up to life in prison. Indecency with a minor is a strict liability statute, so it doesn’t matter than you were lied to by the person who represents to you that they are an adult. Today, many young adults dress in revealing clothing, represent themselves online as an adult and none of this matters to the State of Texas.
Unfortunately, the only way that the law would change is if the legislature were to change the indecency laws, which will never occur.
Word of caution, if you and/or your children date online and/or frequently have sexual relations with young women/men, be careful as you cannot tell merely by the looks of an individual if they are above 17 years of age. Remember, even if you are lied to by the “alleged victim”, it does not matter that you were lied to, you will still be prosecuted.
If you are charged with a sexual assault crime, indecency with a child and/or any sexually related crime, your plea offer will usually be between 25 to 45 years in prison. A majority of my clients that are charged with sexual crimes have their cases set for a jury trial as there is no way that a person would just give up 1/3 of your life for mere allegations. I have taken many sexual assault cases to jury trial and sometimes you just have to take the case to a jury to obtain your freedom.
If you have a victim that has “lied” to you in writing and/or online sexual request, I can convince at least 1 juror to give me a Not Guilty and you walk free. Very few jurors will reward a liar, who is requesting sex and then turns around on you, as the defendant, and requests that the State of Texas to take your freedom. If you are charged with a sexual crime, contact us to regain your freedom and to continue your life in the free world.
Contact our aggressive, experienced criminal defense attorney now!