Q: I am in the army, I had sex with a 15 year old while under the impression she was 16
She thought she was 16 too because her mother was keeping her birth certificate and other documents and was telling her she was 16. I know the ucmj age of consent is 16 but can I still get punished because I didn’t know, and what if we get married?
A:
You could be charged and convicted in civilian court. This question is marked "Texas" and, in Texas, an adult who has consensual sex with a sixteen-year-old has committed the felony offense of Sexual Assault. It is a strict liability crime, which means it doesn't matter if you knew here age, or if she lied about her age. There is no "good faith" exception for belief that she was of legal age. However, even if she was actually 16 it is still a crime because the age of consent in Texas is 17. If you are charged under Texas law you will be facing 2 to 20 years in the state penitentiary.
If law enforcement starts asking questions, don't talk to them without an attorney. Also, it would be wise to stop posting anonymous confessions on public websites. If you are facing a court-martial for Rape or Adultery then you'll need a military defense attorney.
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