In Texas, the age of consent is seventeen years old, meaning individuals seventeen or older can legally engage in consensual sexual activity with another adult. However, if someone engages in sexual conduct with a person under the age of seventeen, they can face serious legal repercussions.
If you are charged with violating one of these laws, always consult a skilled criminal defense attorney in Bedford, Texas as soon as possible. Your lawyer can review the circumstances of your charge with you, explain your legal options, and pursue a defense on your behalf.
Criminal Charges That Result from Violating Age-of-consent Laws in Texas
Violating age-of-consent laws in Texas can result in severe criminal charges. These laws are designed to protect minors from sexual exploitation and abuse by establishing legal boundaries for sexual activity.
The primary charge that can result from such an offense is statutory rape, legally termed as “sexual assault of a child.” This offense occurs when an adult has sexual contact with a minor who is younger than seventeen.
If the minor is under the age of fourteen, the charges escalate significantly. Engaging in sexual activity with a child younger than fourteen is classified as “aggravated sexual assault of a child,” which is a first-degree felony. Aggravating factors include situations where:
- The perpetrator causes serious bodily injury or attempts to cause the death of the victim or another person during the commission of the offense.
- The perpetrator uses or exhibits a deadly weapon during the commission of the offense.
- The perpetrator acts in concert with another person who engages in the act of sexual assault directed toward the same victim and occurs during the same criminal episode.
- The victim is younger than six years old at the time of the offense.
- The victim is a person whom the perpetrator has administered or provided a substance capable of impairing the victim's ability to appraise the nature of the act or resist the act.
Violating age-of-consent laws in Texas can result in severe criminal charges ranging from second-degree to first-degree felonies. If you currently face one or more of these charges, contact a knowledgeable criminal defense attorney in your area as soon as possible. Your lawyer can first meet with you to discuss the circumstances of your charges and determine if you’re eligible to raise a legal defense. Your attorney can also answer all your questions and develop a plan of action for your criminal case.
Potential Penalties and Collateral Consequences Upon Conviction for Violating Texas Age-of-Consent Laws
In Texas, violating age-of-consent laws can lead to serious legal penalties and collateral consequences. Potential penalties may include all of the following:
Sexual Assault of a Child (Statutory Rape):
- Punishable by two to twenty years in prison
- Potential fines of up to $10,000
Aggravated Sexual Assault of a Child:
- Penalties range from five to ninety-nine years – or even life in prison
- Potential fines of up to $10,000
Mandatory Sex Offender Registration:
- Those convicted must register as sex offenders.
- Registration affects many aspects of life, including where the person can live and work.
- It also carries a social stigma, making it hard for offenders to reintegrate into society.
The penalties for violating age-of-consent laws in Texas are severe. They include long prison sentences, hefty fines, and mandatory sex offender registration. An experienced criminal defense lawyer can discuss the potential penalties with you and do everything possible to lessen – or eliminate – the penalties you ultimately face. They can also represent you during a sentencing hearing before a judge in pursuit of the lowest possible penalties in your case.
Convictions for violating age-of-consent laws can also lead to lifelong repercussions and collateral consequences. First, since many employers perform criminal background checks on prospective employees, individuals may have difficulty obtaining gainful employment. Similarly, they may have difficulty finding housing – including renting from a landlord. A conviction of this nature can also affect an individual’s personal relationships with others and their professional reputation and social standing in the community.
An experienced Texas criminal defense lawyer will work hard to lessen the collateral consequences you face upon conviction by aggressively advocating on your behalf throughout the case.
Potential Legal Defenses to Age-of-consent Law Violations in Texas
In Texas, violations of age-of-consent laws can lead to severe penalties, but there are potential legal defenses that an accused individual can use. Some of the key legal defenses that defendants might raise at trial include the following:
- Romeo and Juliet Defense —This defense applies when the age difference between the adult and the minor is less than three years, and the minor is at least fourteen years old. If the relationship was consensual and non-exploitative, this defense can result in reduced charges or lesser penalties. However, it is not applicable if the minor is under fourteen years old or if the accused is a registered sex offender.
- Lack of Knowledge — The accused can claim they genuinely did not know the minor’s age and had a reasonable belief that the minor was of legal age. This defense can be challenging to prove, as the accused must demonstrate they took steps to verify the minor’s age and were misled.
- False Accusations — In some cases, the accused may claim the minor or someone else falsely accused them. This defense relies heavily on evidence showing inconsistencies in the accuser’s story or motives for making a false accusation.
- Insufficient Evidence — The defense may argue that the prosecution lacks sufficient evidence to prove that the accused committed the crime. This involves questioning the reliability and credibility of the evidence, such as witness testimony or physical evidence.
- Consent — While consent is not a valid defense if the minor is under the age of consent, it can be a factor in cases involving older minors, especially under the Romeo and Juliet defense. Demonstrating that the relationship was consensual and not coercive can help mitigate the severity of the charges.
- Entrapment—The accused can use this defense if law enforcement or other authorities induced or coerced them into committing the offense. The accused must show they would not have committed the crime without such inducement.
- Mental Incapacity — If the accused was mentally incapacitated at the time of the offense, this defense can argue that they were not capable of understanding their actions. This requires medical evidence to support the claim of mental incapacity.
Each case is unique, and the success of these defenses depends upon the specific circumstances and evidence presented.
Taking an Age-of-consent Violation Case to Court in Texas
Taking an age-of-consent violation case to court in Texas is a serious matter with significant consequences. As the accused (defendant), understanding the process and what to expect at trial is crucial.
Pretrial Process:
- Arrest and Charges — After being arrested, you will be formally charged with a crime, such as sexual assault of a child or aggravated sexual assault of a child, depending on the specifics of the case.
- Legal Representation — It is important to hire a skilled defense attorney with experience handling sex crime cases. Your attorney will guide you through the legal process and build your defense strategy.
- Preliminary Hearings — Before the trial, there will be hearings to discuss bail, evidence, and other procedural matters. Your lawyer may file motions to dismiss charges or suppress evidence if there were legal issues with how the prosecution obtained the evidence.
Trial Process:
- Jury Selection — The trial begins with selecting a jury. Both the defense and prosecution will question potential jurors to ensure a fair and unbiased jury.
- Opening Statements — Both sides will present their opening statements, outlining their case to the jury. The prosecution will present the charges and evidence against you, while your attorney will provide an overview of your defense.
- Presentation of Evidence — The prosecution will first present evidence and call witnesses, including the alleged victim and any expert witnesses. They will aim to prove beyond a reasonable doubt that you committed the crime. Then, your attorney will cross-examine the prosecution’s witnesses to challenge their credibility and present your own evidence and witnesses to support your defense.
- Closing Arguments — After both sides have presented all evidence, they will make their closing arguments, summarizing the case and trying to persuade the jury.
- Jury Deliberation and Verdict — The jury will deliberate privately to decide whether you are guilty. This can take hours or days. The verdict must be unanimous in criminal cases.
Post-Trial:
- Sentencing — If found guilty, you will attend a sentencing hearing where the judge will determine your punishment, which can include prison time, fines, and sex offender registration.
- Appeals — If convicted, you have the right to appeal the verdict or sentence. Your attorney can file an appeal if there were legal errors during the trial.
Facing an age-of-consent violation trial in Texas is complicated. Still, you can navigate the legal system more effectively with a knowledgeable attorney and a clear understanding of the process.
How Can a Lawyer Help If You Are Charged with Violating an Age-of-Consent Law in Texas?
Having a skilled lawyer is crucial if you are charged with violating an age-of-consent law in Texas. A lawyer can provide vital assistance in several ways to help navigate this serious legal challenge. These include the following:
- Legal Representation and Guidance — From the moment you are arrested, your lawyer will represent you, ensuring your rights are protected. They will explain the charges against you, the potential penalties, and the legal process. This guidance is essential for making informed decisions about your case.
- Building a Solid Defense Strategy — Your lawyer will analyze the details of your case to develop a strong defense strategy. This includes reviewing evidence, interviewing witnesses, and examining the prosecution’s case for weaknesses. They will identify potential defenses, such as the Romeo and Juliet defense, lack of knowledge, or false accusations, and determine the best approach for your situation.
- Pretrial Motions and Hearings — Before the trial, your lawyer can file pretrial motions to challenge the prosecution’s evidence. For instance, they may file a motion to suppress evidence obtained illegally or a motion to dismiss the charges if there are legal flaws in the case. These motions can significantly affect the outcome of your case, sometimes even leading to charges being reduced or dismissed.
- Negotiating Plea Bargains — In some cases, your lawyer may negotiate a plea bargain with the prosecution. A plea bargain can result in reduced charges or a lighter sentence in exchange for a guilty plea. Your lawyer will advise whether accepting a plea bargain is in your best interest or if you should proceed to trial.
- Representing You in Court — If your case goes to trial, your lawyer will represent you in court. They will present your defense, cross-examine prosecution witnesses, and argue on your behalf. Their skill in courtroom procedures and ability to effectively communicate with the jury can greatly influence the trial’s outcome.
- Handling Appeals — If you are convicted, your lawyer can file an appeal. They will identify legal errors during the trial and argue for a reversal of the conviction or a new trial. The appeals process is complex, and having an experienced lawyer increases the chances of a successful appeal.
A lawyer provides critical support if you are charged with violating an age-of-consent law in Texas. Their knowledge and advocacy are essential for dealing with the legal system and striving for the best possible outcome in your case.
Speak with a Knowledgeable Texas Criminal Defense Lawyer Right Away
Sex crime convictions carry serious penalties, as well as life-long personal and professional consequences. You should do everything possible to defend against any type of sex offense charges in Texas.
If you are currently charged with violating an age-of-consent law in Texas, consult a skilled criminal defense lawyer as quickly as possible. Your attorney can represent you throughout the proceedings, protect your rights, and aggressively advocate on your behalf. Your attorney can also represent you at all legal proceedings throughout your case and work to secure the best possible result on your behalf.
Seek a consultation as soon as possible following your arrest.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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