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

Q: in the state of texas is a parent the only one who can report a sexual relationship between a child and an adult

I reported a relation ship between a 14 year old and an 18 year old , but I was told by the local law enforcement that I could not report it only the parents could I was not the only one who reported the ongoing relationship. not only was this going on the child was allowed at the age of 11 to date and have a sexual relatonship with a 15 year old and the parents allow all this .. she is now 16 and pregnant by a 20 year old and still the local law refuse to do anything about what is going on .

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Anyone who personally observes an Aggravated Sexual Assault of a child commits a criminal offense if they do not either help the child or immediately report the offense to law enforcement.

Anyone can report a crime, but that doesn't mean law enforcement will respond in the manner you expect. Officers have a general duty not to ignore crime [See Texas Code of Criminal Procedure 2.13(b)(3)] but they can always claim that your report was not sufficiently reliable to give them a good reason to believe an offense had been committed.

Indecency with a Child and Sexual Assault are serious crimes, but so is making a False Report to a Peace Officer. Reporting rumors and innuendo to the police is not OK. That said, it is a serious crime to have sexual contact with a person under the age of 17. There are some defenses, like when the couple is married or when the youngest is at least 14 and the age difference is 3 years or less.

Consult a criminal defense attorney that practices law in the county where this is happening before making a big public stink about it. Chose an attorney with ties to the local community, but one who is also willing to fight the system when necessary. You could quickly find yourself on the wrong side of the law if you just started firing off letters CC’d to the elected County Sheriff, District Attorney, District Judge, Justice of the Peace, Constable, School Board, or the Texas Rangers. A local criminal defense attorney may be able to offer advice on how to have your voice heard without putting yourself at risk for legal retaliation.

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