Re: Failure to Report Rape and Blackmail in Texas
there are a couple issues with your situation and I would suggest seeking further clarification and possibly actual specific legal advice before anybody does anything more or decides to not do anything more.
given their ages, it is possible, with her at 15 and he at 18, the boy has an affirmative defense to the crime. That doesn't mean in itself there isn't a crime but due to the affirmative defense, it would not be prosecuted. Of course, depending on when their birthdays are, it is possible to be more than 3 years difference in age given their current ages of 15 and 18 (if he will turn 19 before she turns 16 there would be more than 3 years difference.)
Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
then, there is the mandatory reporters law:
Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT. (a) A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.
the professional shall make a report not later than the 48th hour after the hour the professional first suspects that the child has been or may be abused or neglected or is a victim of an offense under Section 21.11,
(the section cited above) Penal Code.
A nurse is a mandated reporter. That really puts a heavy burden on your wife here. I understand the others positions but by failing to report, if it is required, means your wife is breaking the law. If it is realized, not only will she lose her license, she could face jail time.
Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with mental retardation who resided in a state supported living center, the ICF-MR component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.