Spring, TX asked in Criminal Law for Texas

Q: My 16 yr old nephew & a 12 yr old had sex. She said she was 14 and is now claiming rape. How could he be charged? Unfair

Shes lying about the rape. She let him in through her window and her parents were home. Her COP dad. If she was raped she would have screamed for help. Instead she went around school saying she was raped and my nephew told her to cut it out or he would tell her parents. She didn't stop so he told her dad via messenger. I believe when the dad confronted his daughter she was scared of getting in trouble and lied. Didn't wanna be in trouble for a couple months but wants to ruin my nephews life forever? What do I do???

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

A: As a matter of law, a 12 year-old child can not effectively consent to sexual contact. Sex without consent is Sexual Assault. It doesn't matter if she lied about her age because Sexual Assault of a Child is a strict liability crime.

Whenever you read about something outrageously unfair in our government, there is a decent chance it involves a zero-tolerance policy or a strict liability crime.

Just be glad he wasn't 17 so he isn't in the adult system. All you can do now is hire the best criminal defense attorney available that practices law in the county where your nephew is charged.

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