Top Kingwood, TX Statutory Rape Lawyers Near You
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3515 Fannin St, Houston, TX 77004
1207 S Shepherd St, Houston, TX 77019
1545 Heights Blvd, Suite 200, Houston, TX 77008
800 Capitol Street, Suite 2100, Houston, TX 77002
917 Franklin St, 6th Floor, Houston, TX 77002
19855 Southwest Freeway, Suite 330, Sugar Land, TX 77479-6537
200 S 10th St, Richmond, TX 77469
440 Louisiana Street, Suite 200, Houston, TX 77002
1780 Hughes Landing Blvd, Suite 750, The Woodlands, TX 77380
600 Travis Street, Suite 7500, Houston, TX 77002
1065 Gessner Rd, Suite 200, Houston, TX 77055
2180 N Loop W, Suite 520, Houston, TX 77018
2200 Space Park Dr, Suite 210, Houston, TX 77058
One Greenway Plaza, Suite 100, Houston, TX 77046
2219 Sawdust Rd, Suite 201, Spring, TX 77380
1001 McKinney, Suite 1600, Houston, TX 77002
5005 Riverway Drive, Suite 450, Houston, TX 77056
2000 Bering Dr, Suite 700, Houston, TX 77057
1200 Rothwell Street, Fourth Floor, Houston, TX 77002
440 Louisiana, Suite 900, Houston, TX 77002
LyondellBasell Tower, 1221 McKinney, Suite 2900, Houston, TX 77010
811 Main Street, Suite 2900, Houston, TX 77002
1000 Louisiana Street, Suite 4000, Houston, TX 77002
711 West Bay Area Blvd, Suite 600, Webster, TX 77598
801 Travis St, Suite 1910, Houston, TX 77002
Kingwood Statutory Rape Information
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What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.