Dating age difference rules texas
Sexual assault includes sexual penetration between a minor who is 17 or younger and a defendant who is three or more years older than the victim.This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 13 year old willingly has sex with Tony, her 21 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.In Texas, there is a Romeo and Juliet exemption for consensual sex between a minor who 14, 15, 16, or 17, and someone who is three or fewer years older than the minor.Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.Texas has five statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state.Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
In Texas, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 17), even if the sex is consensual.
Those who break the law have committed statutory rape.
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Their incapacity is written into the statute—hence the term, “statutory” rape.
Indecency with a child includes sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor who is 17 or younger and a defendant who is three or more years older than the victim.