Statutory Rape

In Texas, individuals who are under 17 years of age do not have the right to legally consent to sex, unless the person they’re having sex with is within 3 years of their age or if they’re married to that person. In statutory rape cases, prosecutors aren’t required to provide any evidence or imply that force was used. The prosecution only needs to prove that sexual conduct occurred between an adult and a younger person who is not 17 years of age.

In Texas, statutory rape is prosecuted as sexual assault which means the defendant will face felony criminal charges such as those faced by rapists. If you’re interested in fighting to have the charge reduced or dismissed, you’ll need legal representation. The Law Office of Jackson F. Gorski can be a valuable resource.

Texas Statutory Rape Lawyer, Travis County

When facing a statutory rape case you should consider consulting an experienced criminal defense lawyer that’s seasoned in defending people accused of such offenses. If you have been arrested for a sex crime, attorney Jackson Gorski at The Law Office of Jackson F. Gorski can help you by evaluating the strength of the prosecution’s case against you while developing the necessary defense strategy to fight back.

If the situation permits and if it makes sense, we’ll negotiate with the prosecution for a lesser charge or a reduction in penalties. If we’re successful, you may be able to take advantage of probation instead of serving a prison sentence. To schedule a free consultation, contact The Law Office of Jackson F. Gorski at 512-960-4646.

The Law Office of Jackson F. Gorski serves clients in Georgetown, TX, and surrounding cities including Leander, Cedar Park, Pflugerville, Jollyville, Austin, Round Rock, Anderson Mill, Lakeway, Harker Heights, Belton, Killeen, Copperas Cove, Temple, and Kyle.


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What is Statutory Rape in TX?

As stated previously, statutory rape is a crime that involves sexual contact with an individual that is below the age of consent. Most states, such as Texas, do not have a specific law for statutory rape. Instead, they utilize terms such as sexual assault and sexual abuse to identify prohibited activity. Several crimes can fall under the classification of statutory rape. These crimes include:

Sexual Assault

According to §21.011, an individual commits sexual assault if he or she intentionally or knowingly and without consent:

  • Causes the penetration of the anus or sexual organ of a child by any means
  • Causes the penetration of the mouth of a child by the sexual organ of the actor
  • Causes the sexual organ of a child, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
  • Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor
  • Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor

Sexual assault is considered a second-degree felony, with a presumptive sentence of 2 to 20 years in prison and up to $10,000 in fines.

Aggravated Sexual Assault

Per Texas law, a person can also be charged with aggravated sexual assault if he or she in allegedly doing any of the above acts:

  • Causes serious bodily injury or attempts to kill another person
  • Makes the alleged victim fear that she, he, or another person can suffer death, serious bodily injury, or kidnapping
  • Uses or displays a deadly weapon
  • Acts in concert with another person who engages in sexual conduct with the same victim

A conviction for aggravated sexual assault can result in severe penalties including steep fines and imprisonment. Under Texas law, aggravated sexual assault is classified as a first-degree felony, which is punishable by up to 99 years in prison and up to $10,000 in fines.

The minimum term of imprisonment for this crime is increased to 25 years if the victim is younger than 14 years of age at the time the offense is committed.


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Defenses For Statutory Rape in Texas

In some instances, statutory rape charges are defensible. With a sound defense strategy and a thorough investigation of the claims and the people involved, it’s very possible to dispute a statutory rape charge in Austin. Listed below are three of the main defenses to a statutory rape charge.

  • Mistaken Age

The mistaken age defense is applicable when the defendant had no clue that the victim was not of age. This could be due to their body size or even their way of talking which seemed mature to the defendant.

Although this isn’t a valid defense according to Texas law, jurors are subjective and are often understanding of the plight of defendants who are well presented and well-mannered in court. The job of a skilled criminal defense attorney is to articulate their arguments in such a way as to make the maturity of the alleged victim apparent to the court and, more importantly, the jury. They need to understand how easy it is to make a mistake and be able to put themselves in the shoes of the defendant.

  • Romeo and Juliet

This strategy may be incorporated when the minor is between 14 and 17 years of age, and the defendant is not more than 3 years older than the minor.

  • Marital Exemption

If the defendant and victim are married, the defendant cannot be prosecuted for engaging in sexual activity with the minor. Texas law protects married couples although one party might be under the age of consent.


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Additional Resources

RAINN: Rape – RAINN (Rape, Abuse & Incest National Network) is the largest anti-sexual violence organization in the United States. The organization created the National Sexual Assault Hotline and offers a variety of programs to help survivors of sexual violence. Access their website to view statistics for the crime and read about the different types of sexual violence.

US Sentencing Commission – Access the official website for the US Sentencing Commission to view reports about sex offenses. You can learn about sexual abuse, child pornography, and failure to register a sex offender.


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Georgetown Statutory Rape Attorney, TX

A sex crime conviction could mean lengthy prison sentences and expensive fines. If you have been arrested for any sex-related offenses such as statutory rape, sexual assault, or indecency with a child, it’s imperative to seek an experienced Georgetown criminal defense lawyer that can help you defend yourself. The Law Office of Jackson F. Gorski is prepared to obtain a favorable outcome in your case.

Allow The Law Office of Jackson F. Gorski to work one-on-one with you, no matter how severe the charge. Call 512-960-4646 to schedule your first consultation, free of charge today. Your future is important, and the legal team at The Law Office of Jackson F. Gorski can help you protect it. The Law Office of Jackson F. Gorski represents clients throughout Travis County, Williamson County, Bastrop County, Lee County, Milam County, Hays County, Caldwell County, Bell County, and Burnett County.


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