Dallas, TX asked in Criminal Law and Sexual Harassment for Texas

Q: What can happen if accused of sexual assault, both parties under age of 12. Accusing 12 years later?

2 cousins, one 6yr old and other 11yr old touched each other. 12 years later 6yr old (now 18 years old) is accusing 11yr old (now 23 years old) of sexual assault. What can happen?

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

A: There could be a criminal case because there is no longer any statute of limitations for the crime of sexual assault of a child. I suppose that technically either one of them could be charged with this crime because an 11-year-old can't consent to sex either and it is technically possible to charge a 6-year-old.

Just because something CAN happen doesn't mean it will. Most prosecutors wouldn't pursue a 12-year-old rape case in these circumstances because it would be almost impossible to prove unless the 23-year-old does something foolish like post a confession on a public website...

Note: This is a public website.

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