Austin Statutory Rape Lawyer

Facing a charge of statutory rape is not only serious but also deeply distressing. This offense involves a sexual relationship with someone legally unable to consent due to their age, carrying heavy penalties if you're found guilty. You might be looking at time behind bars, substantial fines, and the life-altering impact of being listed as a sex offender. However, not all hope is lost.

A skilled Austin statutory rape lawyer can provide strong defense strategies that may significantly alter the outcome of your case.

Contact today to arrange a consultation with our experienced team of criminal defense attorneys in Austin.

What is Statutory Rape?

Statutory rape, according to Texas law, involves sexual activities with a minor, defined as someone under 17 years old, regardless of whether the minor consents. This law is in place because minors cannot legally give consent to sexual activities. To convict someone of statutory rape, a prosecutor must prove that the accused intentionally or knowingly engaged in specific acts with a minor. These acts include penetrating the minor's anus or sexual organ by any means, causing the minor's sexual organ to contact another person's mouth, anus, or sexual organ, or causing the minor's anus to contact another person's mouth, anus, or sexual organ.

Even if the accused did not know the minor's age, they could still be charged with statutory rape. This rule holds because the law assumes that adults engaging in sexual activities with younger individuals should verify the age of their partners.

Additionally, rape can involve situations where the accused used force, threats, or any form of coercion. If the accused used any substance to impair the individual’s ability to resist or understand the nature of the act, this also falls under rape. For example, if the accused gave the individual drugs or alcohol without their knowledge, making them unable to resist or understand what was happening, this would be rape regardless of the victim’s age.

Other specific scenarios also qualify as rape. These include when the accused is in a position of authority or trust, such as a coach, tutor, healthcare provider, or clergy member, and they exploit this position to engage in sexual acts with a minor.

What Are the Penalties for Statutory Rape in Texas?

Statutory rape in Texas is classified as a felony, but the specific penalties depend on the circumstances of the offense. Generally, an offense under this law is a second-degree felony. If convicted of a second-degree felony, you face 2 to 20 years in prison and a fine of up to $10,000.

However, certain conditions can elevate the offense to a first-degree felony. A first-degree felony conviction can result in up to life behind bars and up to a $10,000 fine.

The law also provides for affirmative defenses in some situations. For example, if you were not more than three years older than the minor and were in a dating relationship, or if you were married to the minor, these circumstances could affect the charges and penalties.

Potential Alternatives to Incarceration

If you are convicted of statutory rape in Texas, you might have options besides jail time. One of these is community supervision, also known as probation. Under community supervision, you may need to meet certain conditions like attending counseling, performing community service, or avoiding contact with the victim. This allows you to remain in the community while meeting specific requirements set by the court. Successfully completing community supervision can sometimes reduce the impact of your conviction, helping you to avoid incarceration.

Collateral Consequences of a Statutory Rape Conviction

A statutory rape conviction in Texas can affect many parts of your life. You will have to register as a sex offender, which can limit where you live and work. This registration is public, meaning anyone can access this information. You might also lose certain civil rights, such as the right to vote or own a firearm. Additionally, you may face social stigma and challenges in personal relationships. These consequences can be long-lasting, impacting your reputation and future opportunities.

What is the Criminal Process for Statutory Rape Charges in Texas?

If you are investigated or charged with statutory rape in Texas, the process starts with an arrest or an investigation by law enforcement. You may be questioned, and evidence will be collected. After the investigation, you may be arrested and taken to jail. During this time, you have the right to remain silent and to get a lawyer. At your arraignment, the charges against you will be read, and you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the case moves to pre-trial, where both sides exchange evidence and build their cases.

You might face motions and hearings to decide what evidence will be allowed at trial. If a plea deal is not reached, your case goes to trial. Here, both sides present their arguments, witnesses, and evidence. The judge or jury then decides if you are guilty or not. If found guilty, sentencing follows. You may face prison time, fines, and mandatory registration as a sex offender. Throughout this process, having a lawyer is crucial to help you understand your rights and the charges against you.

Potential Defenses in Statutory Rape Cases

In statutory rape cases, several defenses can be important. One key defense is if you were married to the child at the time of the offense. Marriage provides a legal shield in these cases. Another defense is the "Romeo and Juliet" exception. If you were not more than three years older than the child, and the child was at least 14 years old, you might have a strong defense. However, this only applies if you didn't need to register as a sex offender for life or have a prior sex offense conviction.

In certain situations, intoxication might be a defense. If you were involuntarily intoxicated and unable to form intent, this could be a defense.

A mistaken age defense, where you can show that the child misrepresented their age, can sometimes be considered, but this is very challenging to prove.

Another defense could involve questioning the credibility of the accuser. If there are inconsistencies in their story or evidence of false accusations, this could help your case.

Each case is unique, and these defenses need to be evaluated based on the specific facts and circumstances surrounding the case.

Role of a Criminal Defense Lawyer in Statutory Rape Cases

If you are charged with statutory rape, a criminal defense lawyer will be your guide through the legal process. They will listen to your side of the story, gather evidence, and help you understand the charges against you. The lawyer will explain your rights and the possible consequences you face.

A key part of their job is to build a strong defense. They will investigate the facts, interview witnesses, and look for any inconsistencies in the prosecution's case. Your lawyer will also handle all communication with law enforcement and the court, ensuring that your rights are protected at every step.

They will prepare you for court appearances and negotiate with the prosecution on your behalf. If there is a chance to reduce charges or secure a plea deal, your lawyer will advise you on the best course of action. In court, they will present your defense, challenge the prosecution's evidence, and aim to create reasonable doubt.

Throughout the process, your lawyer will provide support and guidance, helping you make informed decisions. Their goal is to achieve the best possible outcome for your case, whether through a dismissal, a reduced charge, or a favorable verdict.

Frequently Asked Questions

• What is statutory rape? Statutory rape involves sexual activity with a minor who is below the age of consent.
• Can statutory rape charges apply even if both parties consented? Yes, because minors cannot legally consent to sexual activity.
• Are there defenses against statutory rape charges? Possible defenses include proving lack of knowledge of the minor's age or marriage to the minor.
• What are the penalties for statutory rape? Penalties can include prison time, fines, and mandatory registration as a sex offender.
• Can a minor be charged with statutory rape? Yes, if both parties are minors and one is below the age of consent.
• Does the age difference between the parties matter? Yes, Texas makes exceptions for consensual sex between certain minors close in age.
• Can the victim or their parents drop the charges? No, only the state can drop criminal charges.
• How long does a statutory rape charge stay on your record? It can stay on your record permanently, especially if it results in a sex offender registration.
• Can statutory rape affect child custody? Yes, a conviction can negatively impact child custody decisions.

Contact Our Austin Statutory Rape Attorneys

If you face statutory rape or sexual assault charges, you need legal help right away. Contact Cofer & Connelly, PLLC sex crime lawyers by calling (512) 991-0576 or contacting us online for advice on your legal rights and options. Cofer & Connelly, PLLC's Austin statutory rape attorneys have over a century of experience, handling 25,000+ cases and 300+ jury trials. We can help you tackle this challenging situation and work towards the best possible outcome for your case. Don’t wait—reach out to us now for the guidance you need.