Q: In Texas can a 16yo & a 13yo legally have sex? 3 years & 4 months age difference. Both consenting & protected
If this is illegal, would the 16 year old get the same punishment regaurdless if they are male or female? What would happen to the 13 year old?
A:
In Teas, the age of consent is seventeen. The "Romeo & Juliet" defense only applies when the youngest is at least fourteen years old and the other is not more than three years older... three years and four months is too large of a gap.
The law itself does NOT punish the genders differently, but it does specify a wide range of possible punishments. When a person is sentenced for a crime, the judge or jury must choose an actual punishment that is within the range of possible punishments. The average punishment chosen by a judge or jury for male offenders is harsher than the average punishment for female offenders, especially for sexual offenses. This inequity is not required by law, but it is allowed by law.
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