Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do
The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.
A:
It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.
If there is an age gap no greater than 3 years and the younger participant is at least 14 years of age, the proximity in age is an affirmative defense to a charge of statutory rape.
Regardless of age, sexual intercourse (and certain other sex acts) with someone who is not a willing participant is rape.
On the other hand, the age of criminal responsibility is 15 with certain exceptions. That means anyone under 15 years of age cannot be prosecuted or convicted of a criminal offense. There is one exception that potentially applies in the context of rape and that is if it rises to the level of a first degree felony. That occurs when the perpetrator injures, tries to injure, or threatens to injure the victim, uses or displays a firearm, or if the victim is younger than 14 years old.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
