Sex crime charges in Texas and throughout the nation are especially serious and can easily derail the future of those convicted – and even of those charged. The issue is that much more concerning when the charges relate to young people who are involved in consensual sexual relationships.
Texas has a Romeo and Juliet law on the books that is intended to shield young people from sex crime charges when their romantic partners are close to them in age. These protections, however, are limited, and better understanding the specifics is advised.
If you or your child is facing a criminal charge of any kind, consulting with an experienced Round Rock criminal defense attorney sooner rather than later is always advised.
The Age of Consent in the State of Texas
The age of consent refers to the age at which an individual is considered mature enough to consent to sex with someone else who has also reached the age of consent.
Having sex with someone who hasn’t reached the age of consent – even if the person gives their personal consent – is against the law because, in the eyes of the law, they lack the maturity to provide their consent in any meaningful way. The charge is statutory rape, and it’s a sex crime that can require registry as a sex offender.
Ultimately, the law has to draw the line somewhere when it comes to consent. While some states set the age at 18 or even 16, Texas falls right in the middle by identifying the age of consent as 17.
The Charge of Statutory Rape
When an adult has sex with someone who is under the age of consent – even when the underage person gives their consent – it is classified as statutory rape.
The purpose of this law is to prevent adults from using their powers of persuasion over children as a means of taking advantage of their immaturity, which includes not fully appreciating the gravity or implications of sexual activity.
When a 20-something has sex with a 16-year-old, it is statutory rape. If the couple, however, waits until the teenager turns 17, the charge doesn’t apply. It’s a fine but important distinction that must be taken into careful consideration.
Statutory Rape Defined
Texas doesn’t have a specific statutory rape charge on the books. Instead, the charge falls under assault, which refers to when a person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
The charge, however, can be elevated in relation to the victim’s age and to whether or not any force or threats were used in the commission of the crime.
Additional Sex Crimes with Minors
The statutory rape charge can be elevated from assault to several other charges – depending upon the circumstances involved.
Indecency with a Child by Contact
This charge of indecency with a child by contact refers to engaging in sexual contact with someone who is under the age of consent, which includes any touching – even when it is over the clothing – of the victim’s breast, the victim’s anus, or any part of the victim’s genitals.
The same is true when the accused causes the minor to engage in sexual contact of the same kind with them or anyone else. The charge is a second-degree felony, which carries from 2 to 20 years in prison, fines of up to $10,000, and inclusion on the sex offender registry.
Sexual Assault of a Child
The charge of sexual assault of a child applies to the sexual penetration of a child who is 13 years old or younger by anyone who is at least 3 years older than the victim. The charge is also a second-degree felony that carries a prison sentence of from 2 to 20 years, fines of up to $10,000, and inclusion on the sex offender registry.
Aggravated Sexual Assault of a Child
The charge of statutory rape is elevated to aggravated sexual assault of a child when the accused uses force or coercion in order to engage in sexual contact with a child who is 13 years old or younger. This is a first-degree felony, and a conviction carries from 5 to 99 years in prison, fines of up to $10,000, and inclusion on the sex offender registry.
The Romeo and Juliet Law in Texas
Prior to implementing a Romeo and Juliet law in the state, Texas drew a hard legal line that made it illegal for anyone over the age of 18 to have a sexual relationship with anyone under the age of 17 – even if it was, in fact, consensual.
The state has, however, softened its stance on sexual relationships between young peers in response to public opinion on the matter, but only within highly specific parameters.
The Conditions that Must Be Met
The state’s Romeo and Juliet law is what’s called an affirmative defense to the charge of statutory rape when the following conditions are met:
There is no more than a three-year age difference between the adult and the minor.
The minor is at least 14 years old.
The sexual activity the couple engaged in was consensual.
The adult doesn’t have a conviction on their record that requires inclusion on the sex offender registry and is not required to register for life.
The minor can’t be someone whom the adult is legally prohibited from marrying or from living with under the appearance of marriage.
In other words, all the following scenarios qualify under the Romeo and Juliet law:
A couple comprised of an 18-year-old and a 15-year-old
A couple comprised of a 17-year-old and a 14-year-old
If, however, an 18-year-old has a sexual relationship with a 14-year-old, the Romeo and Juliet law doesn’t apply – because of the 4-year age difference – and the 18-year-old can face statutory rape charges.
The Goal
The goal of this affirmative defense is distinguishing between predatory behavior and consensual teenage relationships – while acknowledging that teenagers are going to act like teenagers, which often includes having sexual relationships.
The state’s Romeo and Juliet law is designed to protect young people from facing unduly harsh legal punishments for consensual sexual relationships with their peers.
Taking Inspiration from Shakespeare
The Romeo and Juliet law in Texas comes directly from Shakespeare's world-famous work of the same name. In his play, the two star-crossed young lovers – Romeo and Juliet – face obstacles to their relationship that they’re unable to overcome due to the feud in which their families are embroiled.
Texas and many other states were inspired by this literary masterpiece to help protect young lovers who are close in age and who engage in consensual sex from the harsh reality of statutory rape charges.
Affirmative Defense
An affirmative defense is a strategy that acknowledges the truth of the prosecution’s stated facts in the case but goes a step further by supplying additional information that justifies the accused's actions.
Unlike a defense that might stop an arrest or prosecution in its tracks or a defense that the state would have to prove wrong, an affirmative defense is one the defendant must raise and prove in court.
In Texas, the Romeo and Juliet law is just such a defense in highly specific sex crime cases. If someone who is 19 years old is accused of the statutory rape of someone who is 16 years old –when the sex itself was consensual – this affirmative defense may apply.
If the 19-year-old raises the Romeo and Juliet defense, they acknowledge having sex with someone who is underage, but they invoke the mitigating circumstances of being close in age as well as the consensual nature of the sex.
All of this said, it’s important to understand that the person who is 19 years old in this example can still be arrested, charged, and tried for statutory rape. At this point, it becomes the defendant’s responsibility to successfully raise the affirmative Romeo and Juliet defense, which can prevent a conviction and keep the 19-year-old participant off the sex offender registry.
If this is the legally challenging situation you find yourself in, don’t wait to consult with a dedicated criminal defense attorney.
The Legal Rights of All Involved
When it comes to the Romeo and Juliet law, it’s important to consider the legal rights of everyone involved, including the minor’s parents.
The Minor’s Rights
In the State of Texas, minors have rights to make decisions about the relationships they have with others, but there are important legal boundaries in place that are designed to help protect them from those who might prey on their vulnerabilities.
Once a teenager reaches the age of 17, they have the legal power to consent to sexual relations with whomever they choose – as long as the other person has reached the age of consent.
Minors who are at least 14 years old but are not yet 17 years old can consent to sex with those who are no more than 3 years older than they are, but the fact remains that their older partners could face statutory rape charges.
The Rights of the Minor’s Parents
The parents of minors who are involved in sexual relationships with older teens clearly have a stake in the matter. In fact, they are responsible for making primary decisions on behalf of their minor children’s best interests.
However, when a minor who is within the parameters set by Texas’ Romeo and Juliet law has a sexual relationship with someone who is older but who checks all the requirements set by the law, the minor’s parents generally have limited authority in terms of intervening.
When – on the other hand – a parent believes their minor child is being exploited or otherwise harmed by their older romantic partner, they can pursue legal action.
The Rights of the Adult Partner
The rights of an older teenager – who is involved with a minor no more than three years younger than they are – are limited. When an adult – even a very young adult – enters a sexual relationship with someone who is under the age of consent, they are advised to proceed with extreme caution and to take the legal implications of the relationship into careful consideration.
While the state’s Romeo and Juliet law does offer leniency for an adult who engages in sex with a minor as long as the sex is consensual and the age gap between the partners is no more than three years, it remains a crime that the involved adult can be charged with and will have to defend themself against.
Penalties
The consequences of being charged with a sex crime involving a minor are far too serious to leave to chance. In addition to potential prison time and steep fines, there are also damaging social consequences that correlate with being a registered sex offender, and that can make getting your life back on track far more difficult, including:
You may have difficulty renting a home or securing a mortgage to purchase a home.
You may not be able to find a job – many employers flatly refuse to hire anyone on the registry. You could also lose your professional licensure.
You can face serious social stigma that damages your primary relationships and social standing.
You may face travel restrictions both domestically and internationally.
You could experience emotional consequences, such as increased anxiety or depression, that relates to the social isolation you experience.
You Need the Skilled Legal Guidance of an Experienced Round Rock Criminal Defense Attorney in Your Corner
Brett Pritchard at The Law Office of Brett H. Pritchard is a dedicated Round Rock criminal defense attorney whom you can trust to zealously defend you in the face of a statutory rape charge – in focused pursuit of a favorable outcome that supports your future.
Learn more about what we can do to help you by contacting or calling us at 254-781-4222 and scheduling a free consultation today.