Statutory Rape Attorney in Brownsville, TX

How Texas Law Defines Statutory Rape Charges

Texas doesn’t use the phrase “statutory rape” anywhere in its Penal Code. The conduct most people associate with that term is charged under three separate statutes, and understanding which applies to your situation shapes everything about the defense.

Sexual Assault of a Child (Section 22.011)
This is the most commonly charged offense in what people call statutory rape cases. It covers any sexual penetration or contact with a person under 17, regardless of consent and regardless of whether the defendant knew the victim’s age. Consent isn’t a defense. A belief that the minor was older isn’t a defense. The prosecution needs only to prove the act occurred and that the victim was under 17.

Aggravated Sexual Assault of a Child (Section 22.021)
This elevated charge applies when the victim is under 14, or when aggravating factors are present, such as a deadly weapon, serious bodily injury, or involvement in trafficking. The younger the alleged victim, the more severe the statutory framework becomes.

Indecency with a Child (Section 21.11)
This charge covers sexual contact not involving penetration with a person under 17. It can be filed alongside a sexual assault charge. Like the others, it is a strict-liability offense: the prosecution doesn’t need to prove the defendant knew the victim’s age.

There is no statute of limitations for these offenses in Texas. Charges can be brought years or even decades after the alleged incident.

Penalties & Sex Offender Registration in Texas

The sentencing ranges for these charges are severe, and a conviction triggers registration requirements that can restructure daily life.

• Sexual assault of a child is a second-degree felony: 2 to 20 years in prison and a fine up to $10,000
• Aggravated sexual assault of a child is a first-degree felony: 5 to 99 years or life in prison and a fine up to $10,000. When the victim is under 10, the minimum sentence rises to 25 years with restricted parole eligibility
• Indecency with a child by contact is a second-degree felony: 2 to 20 years in prison. Indecency by exposure is a third-degree felony: 2 to 10 years

Adults convicted of sexual assault of a child, aggravated sexual assault of a child, or indecency with a child by contact must register as sex offenders for life under Texas’s Sex Offender Registration Program. A conviction for indecency by exposure requires registration for 10 years, which can extend to lifetime registration for subsequent offenses. Failing to comply with registration requirements is itself a separate felony charge. Beyond imprisonment and registration, a conviction can affect housing eligibility, employment, child custody, federal assistance programs, and for non-citizen clients, can trigger removal proceedings and permanent bars to lawful status.

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 Section 22.011(e) provides an affirmative defense when three conditions are all met: the younger party was at least 14 years old at the time, the defendant was no more than three years older, and the defendant wasn’t a registered sex offender. The three-year gap is calculated strictly. Being even slightly outside that window eliminates the defense. Because it’s an affirmative defense, the burden of raising and supporting it at trial falls on the defense.

The Marital Exemption

Consensual sexual activity between legally married spouses isn’t criminal under Texas law, even when one spouse is under the age of consent. If the parties were married at the time of the alleged offense, this exemption is relevant and must be raised promptly.

Challenging the Evidence

Mistake of age isn’t a valid defense in Texas. But the prosecution still must prove the act occurred. We work to scrutinize every piece of evidence: the consistency of the alleged victim’s account, whether forensic interviews used suggestive or leading questioning techniques, the content of digital communications and records, and any motivations that may have produced a false allegation. In cases involving a family member as the complainant, Child Protective Services is often involved. Early attorney intervention to manage that process is critical.

What to Do After an Arrest or Investigation in Brownsville

The decisions made in the hours and days after an arrest or investigation contact can shape the entire case. These steps matter:

• Don’t speak to law enforcement without an attorney present. Anything said, even an attempt to explain the situation, can be used to support the charges or undermine a defense
• Preserve all digital evidence exactly as it exists: text messages, call logs, emails, and photographs. 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. Any direct contact may be treated as witness tampering or a violation of bond conditions
• Tell your attorney immediately if the parties were close in age or were married at the time of the alleged incident, as this may affect which defenses are available
• Know your bond conditions. Sex crime cases in Cameron County frequently carry restrictions on contact with minors. Violating those conditions can result in immediate re-arrest