Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
Engaging in sexual activity with someone younger than the age of consent can have serious legal consequences. In Texas, the age of consent is 17 years old. Anyone who is 17 or older is considered capable of giving legal consent.
If you are accused of a sex offense involving someone younger than 17, immediately speak with a Williamson County criminal defense attorney.
If an individual engages in sexual intercourse with someone younger than 17, they may face charges of statutory rape, even if the encounter was not overtly forced or coerced. The severity of the consequences of violating the age of consent law depends on various factors, such as the age difference between the parties involved and the criminal history of the offender. Ignorance of the other person’s age does not provide a valid defense in court.
There are certain exceptions where individuals below this age can legally engage in sexual activity, which include:
We offer a free initial consultation, so contact our firm online to Fight sex crime charges in Williamson County or call (512) 983-1675 to get started building a defense.
Age of consent laws aim to protect young individuals from exploitation and ensure they are fully capable of giving informed consent to sexual activity. These laws help establish a clear boundary between individuals who have reached the age of consent and those who have not. By implementing an age of consent, the legal system acknowledges that adolescents may not fully understand the consequences and risks associated with certain behaviors. It provides a safeguard against potential abuse and manipulation by older individuals.
In sex crime cases involving minors, ignorance of the victim’s age is not a defense. Likewise, even if the victim tells the perpetrator a false age or leads him or her to believe the victim is older, this is still not a viable defense. Even if someone genuinely did not know the age of the minor, charges of statutory rape can still be brought if sexual relations occurred. The law assumes that adults have a responsibility to verify the age of their sexual partners and are therefore held accountable. Again, the age of consent in Texas is 17 years old, meaning that individuals under the age of 17 are deemed unable to give legal consent. The prosecution only needs to prove that sex occurred with an underage minor to establish statutory rape.
If someone has been charged with statutory rape, and she or he genuinely believes that it cannot be proven beyond a reasonable doubt, your Round Rock criminal defense lawyer can contest the charge. A Texas attorney with experience in sex crimes, like Scott Magee, can analyze the evidence, identify weaknesses in the prosecution’s case, and mount a strong defense for you.
If the age difference between the defendant and the minor victim is small, the Romeo and Juliet exemption may apply. This exemption recognizes that consensual sexual relationships between young individuals close in age do not warrant severe punishment. For example, if high school sweethearts have sex after prom, with her being 16 and him being 17, the Romeo and Juliet defense could be used. Again, discuss this with your Williamson County criminal defense lawyer.
Again, the “Romeo and Juliet” exemption applies in statutory rape cases where the victims are close in age both in Texas and in most other states as well. These laws were enacted to avoid harsh consequences for young people engaging in consensual sexual activity. The Romeo and Juliet exemption protects individuals who engage in sexual intercourse with those under the age of 17 when their age is within three years of each other.
The “Romeo and Juliet” law in Texas is considered an affirmative defense for close-in-age sex crimes like statutory rape. If both parties are over the age of 14 and consent to the sexual activity, this exemption can be a “get out of jail free” card. However, be aware that the length of the close-in-age affirmative defense varies based on the specific sex crime.
While the age of consent in Texas is 17, the Romeo and Juliet defense may not apply to every situation. Furthermore, know that the Romeo and Juliet exemption must be raised in court. This means it can not prevent the police from arresting you, but it can lead to dismissal or acquittal if the circumstances are right. The court does recognize that not every case is the same.
Unique circumstances can be impactful here. For example, a 16-year-old who is emancipated and attending community college courses is going to be looked at differently than a 16-year-old who was held back a grade and is, therefore, older than most of her or his friends.
If you find yourself facing a legal issue related to the age of consent in Texas, seek professional legal advice from a knowledgeable Williamson county criminal defense attorney. Again, if you are found guilty of statutory rape, a second-degree felony, you can go to prison for up to 20 years and be fined of up to $10,000. If the victim is under 14 years old, the offense becomes a first-degree felony, which can result in a prison sentence of up to 99 years or life.
Likewise, indecency with a child is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000. If the victim is under 14 years old, the offense becomes a first-degree felony, with the potential for a prison sentence of up to 99 years or life.
The consequences of violating the age of consent laws in Texas can have long-lasting effects on your life. Lawyer up and protect your rights. To book your free legal consultation with our Williamson County board-certified criminal defense attorney, contact us now to get started.
Mr. Magee is a member of the State Bar of Texas and is admitted in the federal courts, including the United States District Court for the Western District of Texas, the United States District Court for the Northern District of Texas and the United States Supreme Court. He is also Board Certified through the Texas Board of Legal Specialization in Criminal Law.
Mr. Magee has also served in city government, as Assistant to the City Manager and City Manager, and as an adjunct lecturer in Politics and Government at several Texas universities and colleges. See what clients have to say about working with Georgetown and Williamson County defense lawyer, R. Scott Magee, by reading our testimonials.
Contact R. Scott Magee by clicking here.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.