Have you been arrested and charged with statutory rape in Dallas, TX? Texas has very strict penalties for a statutory rape conviction. If convicted, you can not only lose your freedom and good name; you may be forced to register as a sex offender.
At the Edgett Law Firm, we are here to uphold your legal rights and fight the charges you are facing. Contact our law office today to schedule a free consultation with a Dallas statutory rape defense lawyer who can help.
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How the Edgett Law Firm Can Help When You’re Charged with Statutory Rape in Dallas
When you are facing sex crime charges in Dallas, do not underestimate how important it is to choose the right criminal defense lawyer. If you are being investigated for statutory rape or already charged, your freedom and your future are on the line.
For many people, statutory rape allegations seemingly come out of nowhere. You may have been in a consensual dating relationship for some time with no warning that your life is about to be upended. These allegations often arise from difficult break-ups or parents who do not agree with a relationship. While Texas offers protection under Romeo and Juliet laws, the guidelines for these protections can be confusing and may seem arbitrary.
Dallas prosecutors and law enforcement take statutory rape very seriously with aggressive prosecution. While the prosecution is seeking the stiffest penalties possible, they will not be interested in your side of the story. You deserve a Dallas criminal defense lawyer who will zealously represent you and fight for your best interests.
The Edgett Law Firm focuses entirely on criminal defense. We have decades of experience representing clients who are facing serious statutory rape charges with over 5,000 cases successfully handled. We are here to help you fight the charges you are facing and build the strongest defense possible.
You can depend on us to:
- Protect your constitutional rights at every step
- Guide you through the complicated criminal justice system
- Conduct a thorough investigation of your case
- Gather evidence to support your defense and attack weaknesses in the prosecution’s case and/or alleged victim’s statements
- Fight to have the charges dismissed or reduced and negotiate on your behalf with the prosecutors for a satisfactory plea bargain
- Defend you in court before a jury if your case goes to trial
We will not rest in giving you the strongest defense possible that you deserve under the law. Call the Edgett Law Firm today to schedule a free case evaluation with an experienced Dallas statutory rape defense lawyer who can help you.
What Is Statutory Rape in Dallas?
Minors are unable to give legal consent to engage in any type of sexual activity with an adult in Texas. In Texas, the age of consent is 17 years old. Sexual activity with someone who is 16 or younger can result in a statutory rape conviction.
Under Texas law, statutory rape refers to consensual sexual intercourse with someone under 17. It does not matter if the adult believed the teen was 17 or older; a mistaken belief about someone’s age is irrelevant to Texas law as the teen’s actual age is all that matters.
Statutory rape falls under sexual assault in Texas. The Texas sexual assault statute covers several possible charges that may be filed against someone for having sexual relations with someone under 17, depending on the circumstances.
- Indecency with a child refers to sexual contact or touching without penetration between an adult who is three or more years older than the minor.
- Sexual assault refers to sexual penetration of a minor 17 or younger by an adult who is more than three years older than the minor.
- Aggravated sexual assault refers to sexual penetration of a minor under 14.
Statutory rape is different from charges of aggravated sexual assault of a child or child molestation in that the act would not have been a crime if both parties were above the legal age of consent.
Note that Texas now has a Romeo and Juliet law which provides protection against prosecution for consensual sexual relations. This law provides no protection for consensual sexual activities that qualify for aggravated sexual assault, however.
The Romeo and Juliet Exception
However, Texas law does provide protection from prosecution for young adults over 17 when the following conditions are met:
- Both parties consented to sexual relations
- Neither party is a registered sex offender
- The younger party is at least 14 years old
- The age gap between the two parties is not more than 3 years
Under this exemption, frequently called the Romeo and Juliet law, an 18-year-old who had consensual sexual relations with a 16-year-old would be protected from prosecution. However, a 20-year-old could be prosecuted because the age gap is more than three years.
This law also exempts some parties from being required to register as a sex offender. This exemption applies when the sexual relations were consensual, the younger party was at least 15, and the age gap was not more than 4 years.
However, the Romeo and Juliet law will not protect an older party from prosecution if the sexual activity was non-consensual or they had a position of authority over the teenager.
Marital Exception
A less commonly used exception to statutory rape is marriage. Texas law allows for consensual sexual relations between a minor who is married to an adult spouse. The purpose of this exception is to protect couples who marry when one spouse is an adult. However, Texas law still makes forcible or non-consensual sexual contact in a marriage, or marital rape, a crime.
Penalties for Statutory Rape in Dallas
Texas law punishes statutory rape very severely. All forms of statutory rape are considered felonies in Texas with harsh penalties and a potential prison sentence.
- Indecency with a child: Second-degree felony punishable by 2-20 years in prison
- Sexual assault: Second-degree felony punishable by 2-20 years in prison
- Aggravated sexual assault: First-degree felony punishable by 5-99 years in prison
Few charges carry the social stigma as statutory rape. In addition to the legal penalties you are facing, allegations of statutory rape can affect your relationships and your career. If you are convicted for a sex crime, you may be required to register as a sex offender as well.
All three charges related to statutory rape, including indecency with a child and sexual assault, require sex offender registration if convicted. Depending on the conviction, sex offender registration may be required for 10 years or for life.
The sex offender law limits where registered offenders can work, live, and visit. It also requires meeting ongoing requirements. If you do not stay in compliance with these requirements, you can face additional felony charges.
Because the penalties for statutory rape are so harsh in Dallas, it’s crucial that you do not delay in seeking experienced legal counsel from a Dallas statutory rape attorney as soon as possible.
Possible Defenses to Statutory Rape
It’s a common misconception that not knowing someone’s age or even being misled is a legal defense to statutory rape. Under Texas law, a mistake of age is not a valid defense to statutory rape. Furthermore, consent is not a defense if one party was an adult and the Romeo and Juliet exception does not apply.
The Romeo and Juliet law is the greatest defense to statutory rape. Sometimes young adults dating a partner face statutory rape allegations due to parental interference or after a break-up.
If you do not qualify for a defense under the Romeo and Juliet laws in Texas, an experienced Houston statutory rape defense attorney can still help you explore other defense strategies. Your defense lawyer will fight to have your charges reduced or dismissed based on possible defenses such as:
- Marriage, which waives the age of consent rule in Texas.
- Medical reasons. Statutory rape should not be prosecuted when the conduct only consisted of medical care for the minor and did not include contact between the minor’s sexual organs or anus and the other party’s sexual organs, mouth, or anus.
- Lack of evidence. A conviction requires proof beyond a reasonable doubt that statutory rape occurred. Your Dallas statutory rape lawyer will investigate your case to uncover evidence that disproves the victim’s story or identifies ulterior motives for the allegations. Your lawyer will also question the evidence presented against you and work to create reasonable doubt.
While it may feel hopeless when you are facing statutory rape charges, do not despair. Contact an experienced statutory rape defense lawyer in Dallas as soon as possible to begin working on your defense and protecting your legal rights.
Contact a Dallas Statutory Rape Defense Lawyer
Statutory rape allegations have the power to destroy the life you have worked hard to build. You do not have to fight the charges you are facing alone. The Dallas statutory rape defense lawyers at the Edgett Law Firm are here to help you defend yourself and your good name.
Contact our law office today to schedule a free case review. We will review your case, help you explore possible defenses, and prepare you for what you are facing.