Statutory Rape Criminal Defense Lawyer in Texas

Statutory rape criminal defense lawyer

Are you facing statutory rape allegations or charges in Texas? Feeling overwhelmed and uncertain about your next steps is completely natural. However, you don’t have to deal with this situation alone. The statutory rape defense attorneys at Broden & Mickelsen, LLP are here to assess your situation, answer your questions, and develop intelligent legal solutions tailored to your case. Contact us to learn how we can help in a free consultation.

How a Criminal Defense Lawyer Can Help If You Are Facing Statutory Rape Charges

If you’re facing criminal charges for statutory rape in Texas, a strong defense matters. Choosing Broden & Mickelsen, LLP means selecting a powerhouse defense team dedicated to protecting your rights. Our lawyers hold board certifications in both criminal law and criminal appellate law from the Texas Board of Legal Specialization.

With more than 60 years of combined experience, you can count on us to offer robust defense strategies at both the trial and appellate levels in federal or state court. We stand out for our success in overturning convictions and securing acquittals at a rate that surpasses that of many of our peers.

Here are some ways our experienced defense lawyers can help with statutory rape cases like yours:

  • Thoroughly investigating the details of your case
  • Gathering evidence that supports your legal defenses
  • Interviewing witnesses who can testify in your favor
  • Challenging the credibility of the prosecution’s witnesses
  • Analyzing the prosecution’s evidence for weaknesses
  • Arguing for the exclusion of illegally obtained evidence
  • Negotiating with prosecutors to reduce or dismiss charges
  • Developing a solid defense strategy tailored to your case
  • Representing you during court hearings
  • Advocating for you at trial with a compelling legal defense
  • Effectively cross-examining prosecution witnesses
  • Arguing for a favorable sentence if a conviction occurs
  • Applying for probation or alternative sentencing when possible
  • Filing appeals or motions for a new trial if appropriate

If you are being charged with a statutory rape offense, reach out to the experienced statutory rape attorneys at Broden & Mickelsen, LLP for legal counsel.

What Is Statutory Rape?

Statutory rape generally refers to sexual activity with a minor who is below the age of consent. The Texas Penal Code does not officially use the term “statutory rape,” but it has several laws that reflect this concept by addressing sexual conduct with minors. These include laws that pertain to offenses like sexual assault, aggravated sexual assault, and indecency with a child.

Importantly, these offenses are strict liability crimes, meaning that the perpetrator’s lack of knowledge about the victim’s age does not exempt them from liability. Essentially, engaging in sexual activities with someone under the age of consent automatically breaches the law, regardless of any intention or belief about the victim’s age.

Let’s take a closer look at the Texas statutory rape law.

Sexual Assault

Sexual assault occurs when someone knowingly or intentionally engages in non-consensual sexual penetration of another person’s anus, sex organ, or mouth. The law emphasizes that consensual sexual activity is not a factor in cases involving children under 17 since they cannot provide legal consent. Sexual assault is usually a second-degree felony but can escalate to a first-degree felony in certain circumstances.

Aggravated Sexual Assault

Aggravated sexual assault also involves acts of sexual penetration without consent but under circumstances that aggravate the alleged crime. Possible aggravating factors include:

  • Causing serious bodily injury
  • Using a deadly weapon during the assault
  • Committing the act against an alleged victim younger than 14

Aggravated sexual assault is a first-degree felony.

Indecency with a Child

Indecency with a child involves committing non-penetrative sexual acts involving a minor under 17 for sexual arousal or gratification. This can include sexual touching or causing a minor to expose themselves or witness exposure. It can be either a second or third-degree felony, depending on the circumstances.

What Is the Age of Consent in Texas?

In Texas, the age of consent is 17 or 18 years old, depending on the statute. This means that individuals under the age of consent cannot legally consent to engage in sexual intercourse or other sexual acts. In most situations, engaging in sexual activities with someone below the age of consent is illegal. Limited exceptions exist for those who are close in age or married.

What Are the Penalties for Statutory Rape in Texas?

Texas law takes sexual offenses seriously, especially those involving minors. If you are convicted of statutory rape, you can face serious penalties and life-altering consequences.

Here are the possible penalties for a statutory rape conviction in Texas:

  • Possible Jail Terms – For a second-degree felony like sexual assault, offenders can face 2 to 20 years in prison. A first-degree felony like aggravated sexual assault can result in a longer prison sentence of 5 to 99 years or even life imprisonment. If the offense involves a child younger than 14 or other specific circumstances, the minimum prison term can be 25 years.
  • Fines – The maximum fine for a felony in Texas is $10,000.
  • Mandatory Sex Offender Registration – If you are convicted of statutory rape or certain other sexual offenses, Texas law requires mandatory sex offender registration. This registration is a lifelong requirement for some offenders and can significantly affect future opportunities for employment, housing, and social interactions.

These penalties are serious. If you are facing Texas statutory rape charges or other sex crimes involving minors, reach out to our legal team for help.

Possible Defenses to Statutory Rape in Texas

Here are some of the possible legal strategies a statutory rape attorney could use in your defense:

  • Romeo and Juliet Exception – This strategy applies when both people involved in the case are within three years of each other’s age, and the younger person is at least 14. It involves arguing that the relationship should not be considered illegal due to the proximity in age.
  • False Allegations – Sometimes, charges are based on claims that simply aren’t true. This defense involves arguing that you are being falsely accused of the alleged offense. Evidence that can support this defense might include messages, witness statements, or other proof that the accusations were false.
  • Marital Exemption – In Texas, if the two people involved are legally married to each other, the law might not consider their sexual activities to be criminal. This is possible even if one or both are under the age of consent since the act occurs within a legal marital relationship.
  • Lack of Evidence – There needs to be clear evidence for a conviction. This statutory rape defense argues that there isn’t enough evidence to prove beyond a reasonable doubt that the accused is guilty.
  • Mistaken Identity – This strategy is used when the accused person is wrongly identified as the perpetrator. It involves presenting evidence that the accused was not involved in the crime, possibly including alibis or proof that someone else was responsible.

If you are charged with Texas statutory rape crimes, reach out to our legal team for assistance.

Charged with Statutory Rape? Contact an Experienced Statutory Rape Lawyer Today

Are you facing charges of this nature? If so, get in touch with Broden & Mickelsen, LLP today for a free initial consultation. Our child sex crime defense lawyers have years of experience defending clients with similar cases. We’re ready to listen and offer the help you need.