Jermyn, TX asked in Criminal Law and Juvenile Law for Texas

Q: 13 year old female tells her mother she had sex with 16year old male

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1 Lawyer Answer
Gary D. Peak
Gary D. Peak
Answered
  • Criminal Law Lawyer
  • Eastland, TX
  • Licensed in Texas

A: A person under age 14 cannot consent to sex. So there is a presumption if is without consent.

If the 16 year old is more than 3 years older that the 13 year old, that is another problem. While on paper it looks like 3 years, it depends on when the birthdays fall. 13 year old could have just had a birthday and 16 year old turning 17 in a week,

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