Facing charges of statutory rape is an extremely serious matter. A conviction could result in severe criminal penalties. Even the accusation may bring devastating personal and professional consequences. If you have been accused of statutory rape in Bryan, Texas, it's critical to understand the potential legal ramifications. Talk to an experienced Bryan statutory rape defense lawyer as soon as possible.
An accusation alone, even if proven untrue, can cause immense damage to one's reputation, relationships, and employment prospects. Anyone facing such charges should consult with an experienced criminal defense attorney as soon as possible to understand their rights. Your skilled lawyer will work to build the strongest possible defense.
Why Choose Shane Phelps Law for Statutory Rape Defense
If you are facing statutory rape charges in Texas, having a skilled and experienced defense attorney in your corner can make all the difference. Shane Phelps Law has a proven track record of successfully representing clients accused of a range of criminal offenses, including sex crimes like statutory rape.
Our legal team has an in-depth understanding of Texas's complex statutory rape laws and the most effective defense strategies for these types of cases. With years of experience in the courtroom, our statutory rape defense attorneys are formidable advocates. Our criminal defense lawyers are adept at challenging the prosecution's evidence, cross-examining witnesses, and persuasively arguing before a judge and jury.
We also understand the sensitive nature of sex crime accusations and treat every client with the utmost discretion and respect. We also understand the sensitive nature of sex crime accusations and treat every client with the utmost discretion and respect. If you have been charged with statutory rape, don't face the criminal justice system alone. Get started on your free consultation - contact us!
What is Statutory Rape?
In Texas, statutory rape occurs when an individual has consensual sex with someone under the age of consent (18). According to state law, people under the age of consent are not capable of legally providing informed consent to sexual activity.
Due to the severity of the punishments associated with this sex crime, it is in your best interest and freedom to retain legal counsel from an experienced lawyer. At Shane Phelps Law., our Bryan and College Station criminal defense attorneys are ready to evaluate your case and build an effective defense strategy to either get your charges reduced or your case dismissed altogether.
Penalties for Statutory Rape Under Texas Law
What happens in the event of a statutory rape conviction in Texas? There are several criminal offenses which fall under the classification of statutory rape according to the Texas penal code. Each crime carries its own set of penalties based on the perceived severity of the offense.
These sex crimes include the following:
- Indecency with a child – Refers to an adult who engages in sexual touching that is meant to arouse or gratify the sexual desire of a minor under 17 years of age. This offense is considered second-degree felony statutory rape, punishable by a prison sentence ranging from two to 20 years and a maximum fine of $10,000.
- Sexual assault – Refers to an adult who engages in penetrative sexual intercourse with a minor who is 17 years of age or younger. This offense is also considered a second-degree felony.
- Aggravated sexual assault – Refers to an adult who engages in sexual penetration with a minor who is age 14 or younger. This offense is a first-degree felony, punishable by a maximum prison sentence of 99 years and a fine of up to $10,000.
Texas Sex Offender Registration
In Texas, a person may be required to register as a sex offender if they have been convicted of certain sexual offenses. These offenses can include but are not limited to sexual assault, indecent exposure involving a child, possession or promotion of child pornography, and certain instances of statutory rape. Registration requirements can vary based on the severity of the offense and other factors.
Being added to the sex offender registry can have serious and long-lasting consequences on a person's life, including restrictions on where they can live and work. If someone is facing charges related to a sexual offense in Texas, it's crucial to consult with a qualified criminal defense attorney to understand their rights and potential defenses.
How is Consent Different in Statutory Rape Cases?
In cases of statutory rape in Texas, the issue of consent operates differently compared to other sexual offenses. Statutory rape involves sexual activity with an individual who is below the age of consent. Even if the minor appears to give consent, the law does not recognize their ability to consent due to their age.
In statutory rape cases, the focus shifts away from the concept of consent to whether the sexual activity occurred with a minor below the age of consent. The law assumes that minors lack the legal capacity to give informed consent to sexual activity with adults. As a result, even if the minor verbally agrees to the sexual activity, the law considers such consent invalid.
Statutory rape laws are intended to protect minors from exploitation and abuse by adults. Engaging in sexual activity with a minor below the age of consent is a serious criminal offense in Texas, regardless of whether the minor appeared willing or gave verbal consent.
Immediate Steps to Take if Facing a Statutory Rape Charge
Here are some immediate steps someone charged with statutory rape should consider:
- Seek Legal Representation: Consult with an experienced criminal defense attorney with experience handling sex crime cases as soon as possible. A knowledgeable attorney can advise on the charges, potential defenses, and the legal process ahead.
- Understand the Charges: Your attorney can help you understand the charges, the elements the prosecution must prove, and the potential penalties if convicted.
- Avoid Speaking to Law Enforcement: Refrain from speaking to the police or providing any statements without legal counsel present. Anything you say to law enforcement can be used against you in court. Exercise your right to remain silent until you have legal representation.
- Gather Evidence: Work with your attorney to gather any evidence that could support your defense, such as text messages, emails, or witness statements that may contradict the allegations.
- Stay Compliant with Court Orders: Follow any court orders, including appearing at scheduled court dates and complying with any pre-trial conditions or bail requirements.
- Maintain Confidentiality: Avoid discussing the details of your case with anyone other than your attorney to protect your legal rights and ensure confidentiality.
Contact Shane Phelps Law to Discuss Your Statutory Rape Case
Facing charges related to statutory rape can be daunting, but having a skilled criminal defense attorney by your side can make a significant difference in the outcome of your case. Your attorney will work diligently to protect your rights, challenge the prosecution's evidence, and strive to achieve the best possible outcome for your situation.
There are several possible defenses to statutory rape that may be used in your specific case. Your Bryan & College Station, TX statutory rape defense attorney can help you build a case that protects your rights and future.
Contact us at (979) 775-4100 to discuss your legal options right away.