Legal Age of Consent and Statutory Rape in Texas

Texas law establishes that, in most cases, a person must be at least 17 years old to agree to engage in sexual intercourse. This is known as the age of consent in Texas.

The Texas age of consent law makes it a felony to engage in sexual contact with a child younger than 17 years of age, regardless of whether the person knows the age of the child at the time of the offense. Having sex with an underage person is called statutory rape because state laws establish that a child cannot consent to sexual contact. But in many situations, the Romeo and Juliet law applies.

When an adult (age 17 or older) has sex with a child, it is a form of sexual assault under Texas law. Being accused or arrested on suspicion of sexually assaulting a child is a serious matter. If you have been charged with sexual assault, you need to hire an experienced defense attorney immediately. A conviction of the charges can lead to a lengthy prison sentence, expensive fines, and lifetime registration as a sex offender. 

The experienced defense attorneys of Minton, Bassett, Flores & Carsey, P.C., know what steps to take to protect your rights if you face statutory rape charges in Texas. If you are under investigation for sexual contact with a child in Austin, Texas, contact us as soon as possible at (512) 476-4873 to discuss your legal defense.

Why Choose Minton, Bassett, Flores & Carsey For Your Age of Consent Case?

Since 1963, Minton, Bassett, Flores & Carsey, P.C., has been the law firm of choice among people needing aggressive criminal defense in Central Texas. Our legal team takes great pride in advocating for the rights of the Texans we represent. We have often been recognized for our work on behalf of our clients, including being named to the Super Lawyers and The Best Lawyers in America lists. Martindale-Hubbell also gave us an AV® rating, the highest rating an attorney can receive.

Understanding the Romeo and Juliet Law in Texas and the Age of Consent

The Texas Indecency With A Child statute contains a provision that makes exceptions to the law when children of similar age engage in consensual sex acts. Such clauses are known as Romeo and Juliet laws because the characters in the classic play were young teenagers.

A defendant charged with statutory rape may be judged not guilty if they present evidence that they:

• Were not more than three years older than the alleged victim and are of the opposite sex
• Did not use coercion, force, or a threat against the alleged victim to engage in sex, and
• Were not a registered sex offender and had not been found guilty of an offense that requires registration as a sex offender, and
• The alleged victim was 14 years old or older at the time. 

It is also an affirmative defense if it can be shown that the defendant and child were legally married at the time of the alleged sex offense.

However, it is important to understand that claiming that the alleged victim misrepresented their age is not a valid defense against statutory rape charges in Texas.

How a Skilled Age of Consent Lawyer Can Benefit Your Case

If you or your loved one has been accused of statutory rape or indecency with a child in Austin, Texas, you should contact an experienced criminal defense lawyer as soon as possible. You can expect the prosecutor to pursue the harshest possible penalties. Anyone charged with a sex crime has the right to a robust legal defense. That requires the assistance of a seasoned criminal defense attorney who will do everything allowed by law to obtain a favorable outcome.

Remember that an arrest doesn’t automatically mean that you will be convicted. Typically, only two people know what really happened in a criminal case involving a sex act. A skilled age-of-consent defense attorney can fight the charges filed against you.

If we can demonstrate to the prosecutor before trial that there is a valid reason to doubt your guilt, the charges against you should be dismissed or reduced.

Potential defenses against a charge of statutory rape include:

• The sex act was consensual; the individuals involved are older than 14, and neither is more than three years older.
• The defendant and alleged victim were married when the sex act took place.
• The alleged sexual activity never took place. This may require challenging the alleged victim’s testimony or proving a lack of medical evidence proving sexual activity.
• Flaws in the arrest or prosecution, such as a failure to advise the person arrested of their rights or problems with the chain of possession of evidence, making the physical evidence inadmissible.

It is also possible that when the accuser or their parents are made to understand that the defendant faces life-long consequences if convicted, the parents will retract their accusations, and the prosecutor will agree to drop the charges. However, this decision will be up to the prosecutor. The case may proceed regardless of the parents’ or alleged victim’s wishes.

To drop a case where there is evidence of guilt, the prosecutor must be persuaded that it is not in the best interest of justice to proceed. It is also possible to persuade a prosecutor to recommend probation for a conviction of indecency with a child with sexual contact, which is the only way probation is available. A local, experienced defense attorney who prosecutors know will have a better chance of making a case for leniency in the greater Austin area of Travis, Hays, and Williamson counties.

How Much Does a Lawyer Charge for an Age of Consent Case?

We can review the details of your case and discuss our fees when you contact us.

Criminal Sexual Acts in Statutory Rape Cases

Statutory rape cases in Texas stem from charges under Texas Penal Code Section 21.11. Indecency With A Child. Minton, Bassett, Flores & Carsey, P.C., defends clients accused of engaging in sexual contact with a child younger than 17 years old or causing a child to engage in sexual contact.

Sexual contact under Texas law includes:

• Touching a child’s genitals, anus, or breast, even through clothing
• Touching a child with the perpetrator’s genitals, anus, or breast, even through clothing.

These acts can be charged as a second-degree felony, which may be punished with two to 20 years in prison and a maximum fine of $10,000. 

It is also illegal for an adult to expose their genitals to arouse or gratify their self or anyone else if they know a child is present. It is illegal to cause a child to expose their genitals to arouse or gratify another person.

These acts can be charged as a third-degree felony, which may be punished with two to 10 years in prison and a maximum fine of $10,000. 

The outcome of your case is not predetermined. A strong defense can make all the difference. Contact one of our experienced Austin statutory rape defense lawyers to get the legal assistance you need.

Get Help from an Experienced Texas Age of Consent Defense Lawyer

Violating age of consent laws and committing statutory rape in Texas is a serious crime that is punished with potentially lengthy prison time and large fines upon conviction. You should not face sexual assault charges of any kind without an experienced local defense attorney’s representation. The age of consent defense attorneys of Minton, Bassett, Flores & Carsey, P.C., are dedicated to providing skilled and robust criminal defense representation to clients charged with sex crimes throughout Travis, Hays, and Williamson counties.

Our offices at 1100 Guadalupe Street, Austin, Texas, are open from 8 a.m. to 5 p.m. on weekdays. Contact us today by phone at (512) 960-3510 or fill out our online form to schedule a confidential consultation with an Austin defense attorney about charges of indecency with a child. We strive to respond within the hour or within 24 hours at the latest.