Re: Statutory Rape in Texas
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Quoting
mrcalifornia
My question involves criminal law for the state of: Texas
My friends daughter is 14. She is dating a 19 year old. There is 5 year age difference. She is a virgin, and they claim to not be having sex. But they are kissing, hugging, etc.
Kissing, hugging, etc. is enough to be charged with indecency with a child (a felony), contributing to the delinquency of a minor (misdemeanor), etc.
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1) Can he be charged with statutory rape, even if the 14 year old is consenting?
If they have sex, yes, but, he'd more likely be charged with felony sexual assault of a child. The age of consent in Texas is 17, under that age, it doesn't matter if she begs, she is LEGALLY incapable of giving consent. The "Romeo and Juliet" clause for Texas is 3 years.
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2) What can he be charged with, and what is the punishment?
Misdemeanors can be a year in jail, felonies are punished as years in prison. The number of years possible would depend on the number of individual charges and the degree of those charges (1st, 2nd, etc.).
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3) Can only a parent press charges on him?
Nope. Anyone can notify authorities; YOU, parents, teachers, clergy, neighbors, the clerk at the grocery store, friends, enemies, or the homeless guy who lives under the bridge. The state brings the charges on behalf of the victim. Even if no one WANTS charges, if the conduct is brought to the attention of authorities, he is potentially facing a world of hurt and a lifetime of problems associated with being a sex offender. It should also be noted that parents cannot give consent for a crime to be committed against their child. If the girls parents know that this activity is occurring or potentially headed in that direction, they need to intervene. Although it doesn't usually result in criminal charges against the parents, it isn't unheard of for CPS to "send a message" to the parents of the minor via an investigation for their "failure to protect" their daughter.