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Originally created to protect children and teenagers who are deemed too immature to give sexual consent, statutory rape laws are sometimes used against innocent people who find themselves being demonized for something that they might not have done or didn’t know was illegal.
When accused of any sexual offense, most people are immediately vilified and ostracized by society even before a verdict is reached. Defendants accused of statutory rape need all the experienced and skilled help they can get, and that starts with hiring a quality defense team.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, this fight should never be made alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
With over 45 years of combined defense experience, as well as working in both state and federal prosecutors offices, both prosecuting and defending sex crimes cases, our attorneys have found that investigation and intensive preparation are the keys to a successful resolution.
According to Section 21.011 of the Texas Penal Code, statutory rape is a sexual assault that happens between an adult and a minor under the age of 17, who are not married to each other. Sexual assault consists of penetration of the anus, mouth, or sex organ of a child, as well as general inappropriate sexual contact. These laws are gender neutral. This means that it doesn’t matter if you’re a man or a woman, if you had sexual contact with a minor and that young person isn’t your spouse, you can be charged with statutory rape.
According to the law, minors are believed to be incapable of giving their consent to sexual activities because of their lack of maturity. This is why there is no requirement that the sexual assault be violent or forcible for it to be considered statutory rape.
What makes statutory rape different from other sexual offenses is that the sexual act between an adult and a minor can be consensual. It occurs when the minor in question is younger than the legal age of consent. In that case, consent can’t be used as a defense, because the child is legally incapable of giving consent.
This crime differs from the crimes of aggravated sexual assault of a child and indecency with a child, in that, were both participants of legal age, the act would not be criminal.
The “age of consent” means the youngest age a person must be in order to give legal consent to engage in any kind of sexual activity. In Texas, the age of consent is 17 years. That means that minors 16 and younger are not considered legally able to consent to sexual activity. However, a minor between the ages of 14 and 17 can consent to sex with another person not more than three years older than him or her.
Many times, statutory rape cases arise from a consensual relationship between a student over the age of 17 and a teacher. Social media and general digital contact between students and their teachers in this day and age make it much easier for inappropriate relationships to take place, and also easier for the prosecution to prove. Digital evidence often abounds in these cases.
More so, this informal interaction can make outsiders think something inappropriate is happening even when the communications have been innocent on the adult’s part. Due to these relationships occurring more frequently, Texas enacted a new law in 2003 regarding improper sexual relationships between students and educators.
Section 21.12(a) of the Texas Penal Code states that an employee of a primary or secondary school (either public or private) can be charged with improper relationship between educator and student if the educator does any of the following with a student enrolled in the same school where the educator works or within the same district:
If you’re an educator accused of having an inappropriate relationship with a student, contact Schiffer Law Firm. We have defended many of these cases, and have the experience and skill to craft your defense, as well as to help you navigate what promises to be significant fallout arising from the charges alone. You’re facing serious charges that can have life-altering consequences, and will need the help of our skilled team of experts.
Since statutory rape can be consensual sex without a forcible or violent act, the prosecution only has to prove that the sexual contact occurred between the accused adult and the minor victim. Since the age of the victim is the key to this charge, his or age at the time of the crime has to be positively determined, too. Unfortunately, fewer elements must be proven as compared to other sexual crimes where manipulation, violence, or force must also be proven.
Statutory rape in Texas is a second-degree felony sex offense. That means that, if you’re convicted of this serious crime, you face a prison sentence of anywhere from two to 20 years, and fines up to $10,000. There are, however, other crimes which may be related to statutory rape which carry different penalties.
This is sexual penetration that occurs between a minor younger than 14 years of age and an accused of any age. This is a first-degree felony that can result in anywhere from five to 99 years in prison, and fines up to $10,000.
This is sexual penetration between a minor victim under the age of 17, and an accused perpetrator who is three or more years older than the victim. This is a second-degree felony that can carry a sentence of anywhere from two to 20 years in prison, and fines up to $10,000.
This is sexual contact (touching over or under clothing intended to sexually arouse or gratify sexual desire) between a minor under the age of 17 and a person three or more years older than the minor. This is a second-degree felony that carries a prison sentence of two to 20 years, and fines up to $10,000.
This is also a second-degree felony. If convicted, you are facing a prison sentence from two to 20 years, and fines up to $10,000.
Whenever you’re convicted of a crime, there are consequences that extend beyond a prison sentence. There are long-lasting ramifications that you have to deal with. With sex crimes, especially those involving minors, these consequences can be even more serious and life-impacting.There are certain instances where a statutory rape conviction will you to register as a sex offender.
If you’re convicted of aggravated sexual assault, you will be required to register as a sex offender for life. A sexual assault conviction will require the same. Indecency with a child by exposure will require you to register as a sex offender for 10 years. After the 10 years, you can be eligible to be removed from the registry as long as you complete all of your court requirements.
Some of the consequences of registering as a sex offender are:
When you’re charged with statutory rape, there are defenses available. Of course, there is the possibility that the act never occurred. If that is not the case, there are some defenses which are specific to the alleged crime.
Since statutory rape deals with a victim’s age, it’s easy to assume that claiming to be unaware that the victim was a minor is a viable defense. It is not a defense. That the sexual act between an adult and a minor was consensual is also not a defense except as explained below. This is why it’s so important to have a knowledgeable and experienced defense team like Schiffer Law Firm on your side. We know the proper defenses for statutory rape charges and work with you to get the best possible resolution to your case.
Some possible defenses against statutory rape are:
Two other, slightly more complicated defenses are legal marriage and the Romeo and Juliet exception.
In Texas, there is something known as a marital exemption regarding statutory rape. This allows a consensual sexual relationship between a minor and an adult as long as they are legally married.
A relationship that would be deemed illegal under statutory rape laws would be legal if the two people involved were legally married. For example, if you’re 21 and your partner is 16, and you have a consensual sexual relationship, you’re committing a crime. This is because your 16-year-old partner is considered incapable of giving legal consent in Texas. However, if you’re 21 and your legal spouse is 16, you fall under the marital exemption despite your partner still being under the age of legal consent.
Aptly named after the William Shakespeare play, this exception is made to reduce the chances of a teenager being charged with statutory rape for consensual sex. In Texas, a minor who is between 14 and 17 years of age and someone who is three or fewer years older than the minor can have consensual sex typically without statutory rape charges being made against the older party.
For example, if you’re 18 and start dating a 15-year-old, and enter into a consensual sexual relationship, you shouldn’t be charged with statutory rape because of the Romeo and Juliet exception. We have, however, seen parents so upset with a child’s sexual relationship that they have pressured him or her into lying about consent and claiming rape.
In order to have a successful defense under this exception, there are a few elements that must be met:
You should never fight such a serious charge as statutory rape alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended statutory rape cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
