Statutory Rape Attorney in Brownsville, TX

How Texas Law Defines Statutory Rape Charges

Texas doesn’t use the phrase “statutory rape” in its Penal Code. Allegations commonly associated with that term may fall under three statutes. Identifying the actual charge is essential because each statute addresses different conduct and carries different consequences.

Sexual Assault of a Child
Section 22.011 of the Texas Penal Code addresses sexual assault, including specified forms of sexual penetration or contact with a person under 17. The provision involving a child applies regardless of whether the accused knew the child’s age.

Aggravated Sexual Assault
Section 22.021 defines aggravated sexual assault. It’s a separate charge with additional statutory elements, so the accusation and available evidence must be measured against the specific language of that section.

Indecency with a Child
Section 21.11 addresses indecency with a child. This charge is distinct from sexual assault of a child and can involve allegations of sexual contact or exposure. The filed offense and conduct at issue determine which statutory provisions apply.

Texas has no statute of limitations for prosecuting sexual assault of a child. An investigation can therefore concern an allegation from years earlier, making the preservation of messages, records, photographs, and timeline information especially important.

Sexual Assault Involving Children & Adults Under Section 22.011

The elements differ depending on whether the accusation involves an adult or a child. Under subsection (a)(1), lack of consent is an element the state must prove in an adult sexual-assault case. Subsection (a)(2) doesn’t list lack of consent as an element when the accusation involves a child.

The child provision also applies regardless of whether the accused knew the other person’s age. That makes the ages of both people, the conduct described, and any available statutory affirmative defense central to a careful legal assessment.

Penalties & Sex Offender Registration in Texas

The potential consequences depend on the specific offense and facts alleged. Sexual assault is ordinarily classified as a second-degree felony, with first-degree felony treatment specified under certain statutory circumstances. Aggravated sexual assault is governed separately by Section 22.021, including its 25-year minimum prison term when the alleged victim is younger than 10.

A conviction can also create sex offender registration obligations. The applicable registration requirement and duration depend on the exact conviction and the person’s record. Immigration concerns require separate, disposition-specific analysis for noncitizen clients because the criminal charge, plea terms, and immigration status all matter.

Defenses Available Against Statutory Rape Charges

These charges are prosecuted aggressively, but defenses exist. The right strategy depends on the specific facts, the ages involved, the relationship between the parties, and the quality of the evidence.

The Romeo & Juliet Affirmative Defense

Texas Penal Code § 22.011(e) provides what’s commonly called the Romeo and Juliet affirmative defense. It requires that the younger person was at least 14 years old and that the accused wasn’t more than three years older. The statute also includes conditions related to sex offender registration status and prior reportable convictions or adjudications.

Whether this affirmative defense applies depends on every statutory condition and the facts of the case. Dates of birth, the date of the conduct described, and reliable records establishing the relationship timeline require close review.

Challenging the Evidence

A mistake about age isn’t a defense under the child provision, but the state still has to prove the charged conduct occurred. We scrutinize the consistency of accounts, digital communications, call records, photographs, and the circumstances surrounding the accusation. We also examine how evidence was obtained and whether it supports each element of the filed offense.

What to Do After an Arrest or Investigation in Brownsville

The decisions made after an arrest or contact from investigators can affect the defense. Protect your rights, preserve relevant records, and obtain legal advice before discussing the accusation.

Take these immediate steps:

• Don’t speak to law enforcement without an attorney present. Don’t answer questions or provide a written statement before your attorney is with you.
• Preserve digital evidence in its original form. Keep text messages, call logs, emails, photographs, and account data. Don’t delete or alter anything, even content that seems damaging. Tampering creates additional criminal exposure.
• Don’t contact the alleged victim or their family. Discuss any communication or contact restrictions with your attorney.
• Follow all bond conditions and court orders. Review each condition carefully with your attorney, including any restriction on communication or contact.
• Prepare an accurate timeline. Give your attorney the relevant dates, relationship information, ages, communications, and facts that could affect a statutory defense.