The age of consent is the age at which a person can legally consent to sexual acts. It applies mainly to children because they need legal protection against predators who take advantage of their innocence to engage in illegal sexual acts. Violating the age of consent in Texas is a serious matter that can result in grave consequences, including a lengthy prison sentence, a hefty court fine, and a requirement to register in the sex offender registry. It helps everyone to understand the age of consent and the exceptions under the law, especially if you are charged with statutory rape or sexual assault of a child. 

A skilled criminal attorney can help you with that, as well as with your defense. If you are mistakenly accused or were mistaken about the age of the alleged victim, you can fight your charges for the best possible outcome. An attorney will also defend your civil rights and assist you in navigating complex legal processes.

What the Age of Consent Means in Texas

In Texas, sexual crimes are prevalent. Because of the damage they cause to the victims, including physical and emotional damage, these are some of the most punished crimes under the law. Most sex crimes are felonies, meaning that you will likely face a lengthy prison sentence, a hefty court fine, and other severe penalties upon conviction. Sexual crimes against children are particularly more severe because children lack the mental capacity to consent to sexual acts. If an adult, who should protect a child from harm, is accused of sexually assaulting a minor, it is a grave matter.

A minor or a child, under Texas law, is any individual below the age of 17. Once a person turns 18, they become adults who can competently and legally consent to sexual acts. Before then, it is unlawful to engage in sexual acts with a minor, even if the minor ‘asked for it’, or consented.

However, the law sets some exceptions, which differentiate between serious felony charges and lawful conduct. For example, if sexual acts occur between two minors who are legally married, this is considered legal. A skilled attorney will break down the exceptions for you, as they help determine your options if you are charged with sexually assaulting a minor.

Remember that the age of consent in Texas is 17, not 18, as in most states in the United States. The seriousness of the matter mainly depends on the age of the minor, the age gap between the perpetrator and the victim, and their relationship status. At the age of 17, an individual in Texas is deemed competent enough to understand the nature and consequences of sexual acts. Thus, they can consent to engage in sex with other consenting adults. However, the law also recognizes that there are situations in which engaging in sexual acts with a minor is not predatory.

In cases where federal law applies, it is helpful to know that it will likely supersede state law. In this case, you can face charges for sexually assaulting a minor, even if your actions are exempted under state law. This mainly applies in cases where interstate travel is involved, there is communication between a minor and an adult across state lines, or the incident occurred on a federal property. Under federal law, the age of consent is 18. This means that you can face federal charges for a crime for which you would not be charged under state law.

Exceptions Regarding Age of Consent in Texas

The consequences of violating the age of consent can be dire. However, you can fight your charges if you believe that your actions are lawful, according to the various exceptions regarding the age of consent under the law. A competent attorney can help you determine the best strategies for fighting your charges and pushing for a favorable outcome. Here are some of the exceptions you should be aware of:

Romeo and Juliet Laws

Even with the age of consent in place, teenagers fall in love and engage in sexual acts. The Romeo and Juliet law recognizes the existence of sexual relations between teenagers. When two teenagers engage in a sexual relationship, it is no longer a criminal act. However, the relationship has to be between people who are close in age. This exception only applies in the following circumstances:

  • That the younger of the two teenagers is at least fourteen years old

  • The age difference between the two is at least three years

  • The relationship is mutual or consensual, with no threats, coercion, or force involved.

If a teenager forces another teenager into a sexual act, it is a criminal act that can result in serious felony charges against the perpetrator.

Example: Joan, a 13-year-old, is dating her 17-year-old neighbor, Jude. At some point in their relationship, they start engaging in sexual acts. In this case, Jude can face criminal charges regardless of Joan’s consent, because of dating a minor who is more than three years his junior. However, if Joan is 14, Jude can legally engage in sexual acts with her.

The Romeo and Juliet law has limitations in some situations, including the following:

  • Registered sex offenders are not exempt under this law. You will face criminal charges even if you are not more than three years older than the alleged victim

  • The exemption does not override other criminal acts, like indecent exposure in public

  • The exemption only applies if the two teenagers consent to sexual acts

  • The teenagers must also be of the opposite gender, according to the current law

The Marriage Exception

The age of consent in Texas does not apply to marriage. The law recognizes that a minor can legally engage in sexual acts with their spouse if they are legally married. However, there are precautions to protect married minors from sexual abuse, including the following:

  • A minor requires a court’s approval to get married. In this case, a court must approve their marriage license

  • A judge must also determine that the marriage serves the minor’s best interests to approve it

  • If a minor is coerced into a marriage, the marriage exception does not apply, and the spouse can face sexual assault charges if they engage in sexual acts with the victim.

Other Exceptions

Other exceptions can be considered for a favorable outcome if you are facing sexual assault charges against a minor. For example, if the minor was your spouse when the alleged offense occurred, you are not guilty of sexual assault. You just have to prove that you were legally married to them, so that the marriage exception can be applied.

Your attorney can also use an affirmative defense in case you are close in age to the alleged victim. Generally, an age difference of three years is considered reasonable when young people get into sexual relationships. If the alleged victim is at least 14 years old, and you are not more than three years older than them, an aggressive criminal defense attorney can fight for a favorable outcome in your case.

Penalties for Violating the Age of Consent

Violating the age of consent is charged as sexual assault of a minor. This is a serious violation, even without aggravating factors. It can result in a lengthy prison sentence, a hefty court fine, and a requirement to register for life in the sex offender registry.

Under Texas Law, sexual assault of a minor is a second-degree felony, punishable by the following:

  • A maximum of twenty years in prison

  • $10,000 in court fines

  • Lifetime registration in the sex offender registry

A prison sentence for years will separate you from your family, other loved ones, and the things you enjoy for several years. It will also affect your career, since you cannot continue working while in prison. It affects your social and professional lives to the point that you may not recover fully after completing your sentence.

If the judge grants felony probation during sentencing, you may be required to serve part of your sentence in jail. Although probation allows you to care for your loved ones, work, and do what you love, you must abide by strict probation conditions. You will also be closely monitored by a probation officer, who can submit a damaging report to the court in the event of a violation.

The sex offender registry is also publicly available, meaning that people can easily find you in the registry if they run a background check on you. Since the registration must be for life after the conviction, your actions can continue to harm you for life, even if you rectify your behavior.

Registered sex offenders also face challenges in finding jobs and suitable houses to rent. This is because employers and potential landlords frequently conduct background checks. You can be denied a job opportunity or struggle to live comfortably years after the conviction.

Aggravating Circumstances that Can Heighten Your Penalties

Penalties for the sexual assault of a minor can be graver if there are aggravating factors in your case. Examples of aggravating factors that can worsen your case include the following:

  • If you used a deadly or dangerous weapon, like a gun or knife, to accomplish the act

  • If your actions physically injured the alleged victim

  • If there were threats of serious injury or death

  • If you administered drugs to the victim without their consent or knowledge

If any of these, or any other aggravating factors, were present in your case, you could face charges for a first-degree felony, punishable by the following:

  • 99 to life in prison

  • Up to $10,000 in court fines

  • Mandatory registration in the sex offender registry for life

A lifelong registration in the sex offender registry comes with strict limitations, including the following:

  • You are prohibited from lying within a 1000-foot radius of a school, youth center, playground, or any other area that is frequented by minors

  • Your job and career options are limited, since there are jobs you cannot get as a registered sexual offender

  • Your online activities are also restricted and closely monitored, including what you post and comment on social media

  • You must report to the police if you plan to travel out of state or country

  • The sex offender registry, which is a public database, will always bear your name, address, and recent photo

How To Fight Sexual Assault of a Minor in Texas

From the penalties above, sexual assault of a minor is a serious charge that can result in life-changing consequences. A criminal record for such a serious crime can affect various aspects of life for years, even after taking the necessary measures to rehabilitate yourself. However, you can avoid a conviction and its serious consequences by putting up a strong defense against your charges. You can do this with the help of an experienced criminal defense attorney. Here are some of the legal strategies your attorney can use for a favorable outcome in your case:

You Were Mistakes About the Victim’s Age

The age of a person cannot be quickly determined from their physical appearance. Some people appear older than they actually are, while others seem younger than their age. The only way to determine a person's actual age is by asking them and verifying it through their national identity card. However, this does not always happen, especially in social events or public spaces.

Thus, the law allows you to use this defense strategy if you were genuinely mistaken about a person’s age. Although this is difficult to prove, an aggressive attorney can use their best strategies to convince the court that you reasonably believed that the alleged victim was an adult.

For example, if you met a young man in a nightclub, and they were in the company of other adults, you can reasonably believe that they, too, are adults. Your assumption can also be based on the victim’s physical appearance or their utterances.

Example: Jessica, 15, has always admired how easy-going her older cousins are. When she recently visited them, she insisted on going out with them to a nightclub. At the entrance, she lied about forgetting her ID at home, and since her cousins are popular revelers in that club, she was allowed in. At the club, she met Mark, 22. They danced together and after some time, left together for Mark’s car.

Although Jessica was in a nightclub, where only adults are admitted, she is still a minor. In this case, Mark can be charged for violating the age of consent if he engaged in sexual acts with her. However, he can put up a solid defense if he demonstrates that he mistook Jessica for an adult based on her physical appearance and where they met.

However, this defense strategy only applies in the following situation:

  • If the alleged victim is 14 years or older

  • The perpetrator took reasonable steps in verifying the victim’s age, including asking about their age or whether they were working or in school.

  • The circumstances indicate that the victim could be an adult, for example, being in a nightclub or in the company of adults.

You Are Falsely Accused

False accusations are widespread, especially in cases against minors. An adult, or the alleged victim themselves, can falsely accuse you of sexual assault. Since these crimes often lack eyewitnesses or tangible evidence, it is typically the victim’s word against the accused.

This is a particularly challenging scenario, especially if your accuser appears credible. You can be convicted of a crime you did not commit in the first place. However, an aggressive criminal defense attorney can help you fight your charges.

One of the strategies your attorney can use in proving your innocence is your alibi. If you were in a different location at the time, and someone can corroborate this, the court will need to hear it to dismiss your charges.

Your attorney can also cite insufficient evidence to cause the court to dismiss your charges. If you did not commit the crime, the prosecutor may lack sufficient evidence to get a guilty verdict. Remember that in criminal charges, the prosecutor bears the burden of proof. If they cannot meet the burden due to insufficient evidence, the court will drop your charges.

Other strategies that can be effective in this case include a lack of credible witnesses for the prosecution or issues with forensic evidence.

Your Case is Exempted Under the Law

If you are legally married to the alleged victim, you can legally engage in sexual acts with them. This defense can work in case a parent accuses you of sexually assaulting their child without knowing that you are legally married. Your attorney can table your marriage certificate in court as evidence that your actions are protected under the law.

Find a Skilled Criminal Attorney Near Me

Sexual assault of a minor is a serious crime under Texas law. It occurs if an adult violates the age of consent law, which protects minors against sexual acts they cannot legally consent to. However, you can fight these serious charges if you are falsely accused or were genuinely mistaken about the age of the victim. An experienced attorney can help you fight for a good outcome.

At Andrew Deegan Criminal Attorney at Law, we take time to understand the details of your case. This way, we can determine your legal options and the best defense strategies. We aim to convince the court to dismiss or reduce the charges against you. We can also protect your rights and help you navigate all complex legal strategies. Contact us at 817-689-7002 if you are accused of violating the age of consent law in Fort Worth.