sex crime charge in Texas is a very serious matter. If convicted, the accused can
face a lengthy prison sentence and ostracism by the community. In addition,
the accused may be required to register as a sex offender, which can make
it all but impossible to find a job or a place to live. For these reasons,
charges of alleged sex crimes require an aggressive defense.
One of the most common sex crimes is statutory rape. Statutory rape in
Texas falls under the general heading of sexual assault. Under the
Texas Penal Code, sexual assault includes sexual relations with any person who is under
the age of seventeen. Statutory rape is a felony in Texas, and can result
in a lengthy prison sentence if the defendant is convicted.
Consent by the victim is never a defense in a statutory rape case. The
law is based on the premise that a person under the age of 17 is not legally
capable of giving consent. Being mistaken as to the age of the victim
is also not a defense, even if the mistake was a reasonable one under
There is a significant defense available in Texas, however. If the victim
was age 14 or older, and the alleged perpetrator was not more than three
years older than the victim, that is an affirmative defense to a statutory
rape charge. The defendant has the burden of proving this affirmative
defense by a preponderance of the evidence; if successful, the charge
will be dismissed.
Other defenses are also available in a statutory rape case. As with any
criminal charge, it is always a defense to assert you were not present
at the time of the alleged crime, or that you are the victim of mistaken identity.
This post is intended only to provide general information and it should
not be taken as legal advice. If you have specific questions an experienced
Texas criminal defense attorney can help.
Source: Tex. Penal Code Â§ 22.011(a), (c) and (e).