Pharr, TX asked in Family Law and Criminal Law for Texas

Q: Can my mom press charges against my 18 year old boyfriend even though we haven’t had sex? Or put a restraining order?

I’m 16 and we started dating when he was 17. I turned 16 on May and he turned 18 on September. My mom was fine with our relationship. Until yesterday we got in an argument and she doesn’t want me to see him anymore. She told me she could press charges against him and get him in jail if she wanted to. But my bf and I haven’t had sex or any other sexual contact. I really love him and hope we don’t stop seeing each other. What can I do??

Related Topics:
1 Lawyer Answer
William Barr
William Barr
  • Criminal Law Lawyer
  • Licensed in Texas

A: Until you turn 17, you are considered a "child" in Texas. That means if someone older had sex or sexual contact with you, they could be prosecuted for aggravated sexual assault of a child. That said, unless your mom has proof you are having sex, your boyfriend should be okay. However, depending on the police department, your mom might be able to get them to open an investigation of the charge.

There is also a defense to these kind of charges -- that there is less than 3 years difference in the ages. Since he is less than 3 years older than you, it should apply.

It wasn't clear who the "we" is in "we got into an argument." Might make a difference.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.