Allegations of rape typically involve claims that one person used violence or incapacitating substances to experience sexual intimacy with someone who did not consent. There are also special circumstances in which otherwise consensual behavior could lead to criminal charges. Statutory rape in Texas is part of the state’s sexual assault statute. While the law does not technically use the term statutory rape, the term is meant to refer to a scenario in which an adult has a sexual encounter with a minor.
What circumstances may lead to allegations of statutory rape or the sexual assault of a child under current Texas statutes?
Any encounter with a child could be a crime
Texas has a straightforward approach to sexual assault involving a child. Anyone under the age of 17 is not capable of consenting to a sexual encounter with an adult. Even in the scenarios involving long-term relationships and potentially enthusiastic consent, reports of intimacy between someone over the age of majority and a teenager can lead to sexual assault charges.
There are certain protective provisions in cases where both parties are at least 14 years of age and the age gap is no more than 3 years. This special rule can protect high school seniors who have a relationship with a sophomore, for example. State law also includes additional consequences in cases where the party accused is an authority figure, such as a teacher.
Those accused of a sex offense involving a minor are at risk of life-altering penalties, including a permanent record of a conviction. Discussing one’s situation with a criminal defense attorney can help people understand what laws apply and how to respond to minimize the long-term consequences they may be at risk of facing.