San Antonio Statutory Rape Attorneys

Texas has laws in place to protect minors from predatory sexual behavior by adults. These laws may have direct impacts on the outcome of your statutory rape case.

The Age of Consent

The age of consent in Texas is 17 years old. What this means is that adults over the age of 17 can be charged with a crime for engaging in sexual activity with minors under the age of 17. There are exceptions for pairings that are close in age, as explained below. These acts are a crime even if the child verbally consents to the activity.

Romeo and Juliet Law

This law allows for consensual sexual activity between individuals under the age of 17 and of different ages, so long as they are close enough in age. Under the Texas Romeo and Juliet Law, you may be able to defend yourself against a statutory rape conviction if you are within three years of age of an alleged victim who is 14 or older. You should seek legal representation for help defending yourself.

Statutory rape and child sexual abuse are not formal charges in Texas. Instead, these types of offenses are broken up into a few different categories. Learn more about charges and their penalties:

• Indecency With a Child – Sexual contact with a minor without penetration is further broken down between indecency by exposure, a third-degree felony, and indecency by contact, which is a second-degree felony.
• Sexual Assault of a Child – This sexual assault offense involves penetrative sexual acts with a child between the ages of 14 and 17, and it carries a penalty of a second-degree felony charge.
• Aggravated Sexual Assault of a Child – Charged as a first-degree felony, the offense for sexual aggravated assault of a child involves sexual penetration of a child under the age of 14.
• Continuous Sexual Abuse of a Child – Involving two or more acts of sexual abuse in a period of 30 or more days, this offense is brought as a first-degree felony.

In addition to jail time and fines, each of the offenses above also typically carries a penalty of mandatory registration on the sex offender registry. Mandatory sex offender registration can have significant impacts on your life.

Child abuse allegations can carry both criminal and civil penalties, as victims of minor sexual abuse can file civil claims for compensation. John assists with criminal charges, not civil lawsuits.

Criminal charges for sexual activity with a child can be incredibly severe, including hefty fines and up to life imprisonment. For help navigating the legal process and San Antonio’s legal landscape, you should get help from a capable San Antonio lawyer for sex offenses. Our experienced criminal defense attorney is ready to help you defend yourself in criminal court.

While there are statutes of limitations on many types of legal actions in Texas, there is no time limit for criminal prosecution of sex crimes such as statutory rape. What this means is that you may still face charges for child sexual abuse even many years after the offense occurred.

For civil suits, which require a lower burden of proof than criminal cases, the time limit is 30 years past the victim’s 18th birthday. This means survivors have 30 years from the time they become legal adults to take civil legal action to recover damages for things like physical pain and medical care. John does not assist with civil defense.

If you are charged with statutory rape many years after the act, you could be facing life-altering prison time and penalties. To ensure the best possible outcome can be reached in your case, you should get help from a lawyer with a proven track record. John is ready to conduct an independent investigation and work tirelessly to reduce or eliminate your charges in state or federal courts. Reach out today to speak with John about your case in San Antonio, Texas.

Charges for sexual conduct are incredibly serious. You should consider hiring legal counsel to assist you in building a legal defense against your charges. Some common defenses against these sorts of sexual abuse charges include:

• Romeo and Juliet – As we explained above, you may be able to argue that the age difference between yourself and the alleged victim falls within the Romeo and Juliet exception.
• False Accusations – Your lawyer may argue that the victim or accusers are making false allegations against you.
• Mistaken Identity – In some cases, it may be possible to argue that you were mistaken for the actual perpetrator.
• Mistake of Age – If you reasonably thought the victim’s age was over 17, then you may be able to reduce your charges.
• Lack of Evidence – If there isn’t enough evidence to prove the alleged sexual relations took place, your charges may be reduced or dropped.

Keep in mind that, under the Texas Penal Code, the question of whether the activity was consensual sex does not impact whether the activity was a crime. Legal consent for sex cannot be given by a child. The law also does not consider whether or not you were mistaken about a minor’s age, and being mistaken about a victim’s age cannot be used as a defense.

To prove your innocence in sexual misconduct cases, some evidence that may be needed includes witness statements, the child’s health records, and social media and digital evidence. Your defense counsel can help you gather the evidence you need to challenge the prosecution’s case.

If you’re facing child sex abuse charges, neglecting to get help from an attorney could harm your case. An experienced attorney can help reduce the severe penalties against you. A sex crimes lawyer in San Antonio can provide legal guidance and effective defense strategies. Reach out today for your free, confidential consultation to learn about your options for a strong defense.