Mental Impairment and Prosecution for Sex Offenses

My question involves criminal law for the state of: TEXAS
A friend of mine is mentaly handicapped. All though he can function normal he is not all there. The state of Texas even judged him as so and gives him disability. Well he is 22 and started dating a 16 yr. old. She is now pregnant and her mom has moved them away and won't allow him to see her or talk to her.
He really wants to be a part of his child's life but her mom is threatening him, saying if he comes around or tries to contact her she will press charges. Is there anyway he can get custody or part-time custody w/o being sentenced for sexual assault? If he it does goto court can he use his disability as an argument and not get charged with sexual assault?

I really feel bad for him! Thanks for the advice!
- empathetic

If he is able to function normally in society, he would probably still be charged. The age of consent in Texas is 17 so he did break the law. I think it would be preferable for him to wait a few years then approach the mother about having a relationship with the child. As it is now, the mother can press the charge and he would most likely be charged with the sex crime. And that will affect him negatively for the rest of his life. It's his choice. Once charged he would be prevented from contacting minors as part of his bail and if convicted, parole. He needs to decide if ten years prison time is worth pursuing this action now.

In order to use a limited capacity or insanity defense, these conditions have to be met:

Defendant is Not Guilty if a Mental Disorder caused him to lack the capacity to:

1. Tell right from wrong

2. Keep himself from Breaking the Law


The Federal Laws are more strict. They say:

A Defendant must prove that "A severe mental disease or defect" rendered him "Unable to appreciate the Wrongness of his Actions".

Those are the defenses that can be used if charged. I think it would be a lot less of a problem if he waits a few years until the mother is 18 and out on her own. The grandmother holds all the legal cards at this moment in time.