Exceptions to Sex With an Underaged Person (Statutory Rape) in Texas

Accusations of any sex crime involving minors are very serious and can have far-reaching consequences. When a person is charged with statutory rape, they need to understand the possible exceptions and defenses that may be available in their case.  

In the United States, anyone accused of a crime – even when the crime involves accusations of sex with an underage person – is presumed innocent until proven guilty. The criminal defense attorney at Walker Law Office can help. As a former assistant district attorney, Mekisha Jane Walker knows the system inside and out and is committed to helping you defend your presumption of innocence. With offices in Houston and Friendswood, the law firm provides criminal defense services to clients throughout Fort Bend County, Harris County, Brazoria County, Montgomery County, and Galveston County in Texas.  

Statutory Rape and Sex Crimes Involving Minors in Texas

In Texas, the consequences of being accused of sex with an underage person go far beyond a prison sentence. The state has some of the nation’s harshest penalties for statutory rape. In Texas, an individual can face statutory rape charges when they engage in sexual conduct with any person under the age of consent, which is currently 17 in the state. In other words, if any adult (aged 18 or older) has sex with a person aged 16 or younger, that adult can be charged with statutory rape. This is true even if an adult can prove that the underage person consented to the sexual act and even if the alleged “victim” of the crime lied about their age.  

Texas law recognizes several possible criminal charges for statutory rape, including:  

• sexual assault of a child, 

• aggravated sexual assault of a child, and/or 

• indecency with a child by contact. 

The exact charges that apply depend on several factors, including the ages of the accuser and the accused at the time of the act, whether force or threats were used during the act, the nature of the sexual contact, and others.  

The Romeo and Juliet Exception to Statutory Rape Charges

According to the Texas State Law Library, the so-called “Romeo and Juliet” exception generally applies to cases that involve persons similar in age who consent to the sexual act in question. However, this exception acts as an affirmative defense and can be used only when one of the consenting parties is between the ages of 14 and 17 and the other party is not more than three years older. The Romeo and Juliet defense does not permit having sex with anyone who is under the age of 14 under any circumstances, even if the sex is consensual.  

What Are Other Defenses Against Statutory Rape Charges in Texas?

Because statutory rape charges are rather severe, you may want to speak with an attorney to discuss the possible defense strategies that may be available to you. In addition to the Romeo and Juliet exception, other defenses against statutory rape charges include but are not limited to: 

• The marital exception. If both parties are married to one another, the person accused of statutory rape may be able to use the marital exception, depending on the facts of their case. In Texas, individuals aged 16 to 18 can get married with parental consent.  

• Duress. If you were coerced to carry out the act due to another’s use of force or threat, you might not be convicted of statutory rape.  

• Illegally obtained confession. If your confession to a crime was obtained illegally, it cannot be used as evidence to convict you.  

• Illegally obtained evidence. Depending on the facts of your case, the evidence presented against you in your case may be deemed inadmissible if it was obtained illegally (e.g., the police did not have a search warrant).  

A statutory rape conviction can result in hefty fines, years behind bars, and registration as a sex offender for the rest of your life. With your freedom and future at stake, you might want to explore the defense strategies available to you by speaking with an experienced attorney.  

Advocating for Texas Residents With Care

As a criminal defense attorney, Mekisha Jane Walker can analyze all angles of your case to advise you on your options and formulate the best strategy available to you. She will review the evidence presented against you and the circumstances under which you were charged with statutory rape. Walker Law Office provides compassionate and honest legal advice to help you build a strong defense to the charges. Call now for a free case review.