Dallas Statutory Rape Attorneys

Defending Those Accused of Statutory Rape in Dallas, Texas

Statutory rape charges carry a substantial weight in Texas and are treated with utmost seriousness by prosecutors and the legal system. Accusations of this nature can have significant and far-reaching repercussions on a person's life, impacting their reputation, family relationships, and professional opportunities. If you have been accused of committing statutory rape, it is in your best interest to protect yourself by hiring legal professionals who will fight to defend your rights.

At the Law Office of Patrick J. McLain, PLLC we provide dedicated and robust defense services to individuals charged with sex crimes in Texas. Our Dallas statutory rape lawyers recognize what is at stake and will leave no stone unturned in our fight to protect your rights. Our team is led by Patrick J. McLain, a seasoned attorney who has previously served as a federal prosecutor and understands what it takes to win these cases. We have successfully secured thousands of case dismissals and not-guilty verdicts to date, and now we are ready to put our skills, resources, and experience to work for you.   

If you have been formally charged with statutory rape or believe you soon will be, put capable legal advocates on your side. Call (214) 238-9392 or contact us online to schedule a confidential consultation today. Se habla español.

What is the Age of Consent in Texas?

The "age of consent" refers to the minimum age at which an individual is considered legally competent to consent to sexual activity. Texas is 17 years old. This means that individuals who are 17 years of age or older are legally considered capable of giving informed consent to engage in sexual activity.

What is Statutory Rape?

Statutory rape in Texas refers to sexual activity between an adult and a minor, regardless of whether the minor appears to have given consent.

Statutory rape occurs when:

1. One participant is below the age of consent (under 17 years old in Texas), and
2. The other participant is an adult (18 years old or older).

Under Texas law, the age of consent is absolute, meaning that even if a minor willingly engages in sexual activity with an adult, the adult can still be charged with statutory rape because the minor is legally considered incapable of giving valid consent due to their age.

These laws are in place to offer protection to adolescents who may not fully comprehend the implications and potential consequences of engaging in sexual behavior. The law recognizes that minors may be easily manipulated or coerced, and as such, are likely to be more vulnerable to exploitation and abuse.

It is important to note that in Texas, as in many states, ignorance of the victim's age or even the victim's misrepresentation of their age is not considered a valid defense. The law takes a strict liability approach, meaning that if the act occurred, the person could be charged, regardless of their knowledge or intentions. While it might seem harsh, this is intended to protect minors from sexual exploitation.

Texas’s strict liability approach to statutory rape also means that you could be charged with a crime even if you were acting in good faith and had no idea the other party was underage. No matter the circumstances, our Dallas statutory rape attorneys are prepared to get to work on your case and build an effective defense strategy.

Penalties for Statutory Rape in Texas

In Texas, the penalties for a conviction of any statutory rape-related offense can be severe and life-altering. The exact penalties will depend on the specific charges you are facing.

Statutory rape can be charged as one of the following three crimes depending on the nature of the offense:

• Indecency with a Child. “Indecency with a child” refers to any touching of a sexual nature involving a minor under the age of 17 that does not include penetrative sex. This offense is charged as a felony of the second degree. Potential punishments include a minimum of 2 years in prison, up to 20 years in prison, and up to $10,000 in fines. 
• Sexual Assault. In these cases, sexual assault refers to penetrative sex of or by a minor who is under the age of 17. Sexual assault is also a felony of the second degree and can lead to a minimum of 2 years of incarceration, up to 20 years of prison time, and up to $10,000 in fines.
• Aggravated Sexual Assault. This offense describes sexual penetrative sex of or by a minor who is 14 years of age or younger. Aggravated sexual assault is the most serious statutory rape-related offense and is considered a felony of the first degree. Penalties include a minimum of 5 years in prison, up to 99 years of incarceration, and fines of up to $10,000.

Beyond these immediate legal consequences, a conviction for statutory rape can also lead to other significant repercussions, such as mandatory registration as a sex offender. Sex offender registration is typically required for a minimum of 10 years when convicted of indecency with a child, while sexual assault and aggravated sexual assault require registration for life. Registered sex offenders often encounter difficulties in securing employment, housing, and other personal and professional opportunities, underlining the importance of aggressively defending against these charges. Our Dallas statutory rape lawyers understand the impact of mandatory sex offender registration and will do everything possible to help you avoid this outcome. 

Does Texas Have a “Romeo and Juliet” Exception for Statutory Rape Cases?

Like some states, Texas’s statutory rape laws do allow for a "Romeo and Juliet" exception, which acknowledges that not all sexual conduct between minors and adults should be considered exploitative or harmful. This important exception specifically applies to consensual sexual relationships where the participants are close in age. If an individual is within three years of age of the minor who is between the age of 14 and 17, and the sexual encounter was consensual, this can be used as a potential defense against statutory rape charges. Note that it is never permissible to engage in sexual activity with someone under the age of 14, even if you are of close age.

Legal Defenses for Statutory Rape Charges in Texas

If the Romeo and Juliet exception does apply, other defense strategies may be available. Remember, you have the constitutional right to be considered innocent until proven guilty beyond a reasonable doubt.

Depending on the circumstances, potential defense strategies may include:

• Lack of Knowledge: If the accused genuinely believed that the minor was of legal age and had no reason to suspect otherwise, this lack of knowledge can be a defense. However, this defense may not be applicable if the accused failed to take reasonable steps to verify the minor's age.
• The Marital Exception. If the parties involved in the alleged offense are legally married and both parties consented to the sexual activity, criminal charges may be avoided or dropped despite the act otherwise meeting the definition of a statutory rape offense. 
• Arguing that the Sexual Activity Never Occurred. To obtain a conviction, the prosecution will need to provide compelling evidence that the criminal sexual activity actually took place. If there is no evidence that the sexual activity occurred, it will be difficult to prove guilt beyond a reasonable doubt.
• Arguing a Motive of Revenge. It may be possible to weaken the prosecution’s case if there is evidence the minor has reason to seek revenge against the defendant by falsely accusing them of statutory rape.
• Demonstrating a Confession was Illegally Obtained. If your confession was coerced or taped illegally, it may not be admissible in court. 
• Proving Physical Evidence was Illegally Obtained. Similarly, if it can be shown that physical evidence was procured without a search warrant or without probable cause, it may not be used against you. 
• False Accusations: In some cases, the alleged victim may falsely accuse the defendant of statutory rape for various reasons, such as revenge, manipulation, or coercion. Proving that the accusations are false and demonstrating the lack of evidence to support them can be a defense strategy.
• Violation of Constitutional Rights: If the accused's constitutional rights were violated during the investigation or arrest process, such as unlawful search and seizure or coercion during interrogation, evidence obtained through these violations may be suppressed, weakening the prosecution's case.

Our team at the Law Office of Patrick J. McLain, PLLC can explore all available defense strategies. Our Dallas statutory rape attorneys are committed to protecting your rights and will make every effort to get your charges dismissed, though we are always prepared to go to court if necessary. 

Do not wait to get legal advice if you have been charged with statutory rape! Call (214) 238-9392 or contact us online today.