There is no crime society thinks is as terrible as the sexual assault of a child. There is no charge as difficult to defend against. Everyone will assume you are guilty once you have been charged with such a crime.
Everyone except for your attorney. At the Law Offices of Mark T. Lassiter, our Dallas sex crime defense attorneys know that the law must assume you are innocent unless you are proven guilty beyond a reasonable doubt. If you have been charged with the sexual assault of a juvenile, you need legal assistance immediately. Contact us before you do anything else at (214) 845-7007, and let us begin your defense.
Statutory Rape in Texas
Unlike some other states, Texas does not have a statutory rape statute as such. Texas penal codes define “child sexual assault” as any sexual contact with a minor under the age of 17. The prosecutor must prove the offender:
“Knowingly and willingly” engaged in one of the enumerated acts with someone under 17.
The prosecutor does not have to prove:
- That the defendant knew the victim was a child or knew the child’s age
- That there was any coercion, force, or,
- That the victim consented to the sexual act.
Something nearly all states’ laws agree on is that children cannot consent to sex. Because they are minors, children are not deemed to have the legal capacity to sign contracts or to make other legal decisions. Thus, even if they consent to sex, it is not lawfully a decision they can make.
The defendant in a statutory rape case cannot claim they were mistaken as to the victim’s age. Texas case law (Fleming v. State) has affirmed that because of the state’s legitimate interest in protecting children, there can be no allowance for mistake-of-age in a sexual assault case.
Is There Any Defense to This?
Once a charge of child sexual assault has been made, there are only two ways you can defend yourself. One is the so-called “Romeo and Juliet” exception. If one partner is three years older or less than the other, and the younger is 14 or older, the courts will make an exception to the charge.
For instance, if you were 17 and your partner was 15 when you began your relationship in high school, it might technically be considered “statutory rape” when you turned 18 and graduated. But since your partner is less than three years younger than you are, there is no child sexual assault charge.
Marital Exception Rule
In Texas, a minor may marry between the ages of 16-18 with parental consent or the consent of another person in a guardianship position over the minor. There are a variety of reasons this might be done. If the minor wishes to be emancipated or has been living in a foster situation, they could marry another person as a way to become emancipated.
If a defendant in a statutory rape case is able to show that they are lawfully married to the minor at the time of the alleged offense, then there is no crime. Once a minor is legally married, they can consent to sex with their spouse and make other legal decisions as any other emancipated minor would.
The marital exception is an affirmative defense. This means you must prove you are lawfully married to the alleged victim. This can be as simple as providing your marriage license and an affidavit from your spouse.
Note that this is not a defense against marital rape. Even if you are lawfully married to your spouse, they must consent to sex. You cannot force your spouse to have sex no matter what their age.
In Texas, these defenses do not apply to same-sex relationships. The Romeo and Juliet exemption does not apply, and there has been no guidance from the courts on underage same-sex marriage.
What Should I Do?
If you have been charged with child sexual assault, you should obtain legal counsel immediately. You should not try to defend this very serious charge on your own. Even in a case where you are legally married to the alleged victim, you should not try to make your own case.
You should not speak to any police officer or other official before retaining counsel. Let your attorney handle all the negotiations with the prosecution. If you are lawfully married to the victim, you should have a copy of your marriage certificate available when you meet with your attorney.
If you and the victim are legally married, then child sexual assault charges should not be filed. In this case, your attorney must determine the actual charges and why they were filed. For instance, someone who did not know that you and your spouse were lawfully married might have made a wrong assumption about you, or someone with a grudge might have filed a false charge against you. In these cases, the best thing you can do is keep quiet so that your attorney can find out what has happened.
How We Can Help
If you are charged with child sexual assault against someone to whom you are legally married, you are probably angry, confused, and unsure of what to do next. You need someone who can help you get through the legal questions and present evidence on your behalf in a timely manner.
You need the aggressive services of the legal team at the Law Offices of Mark T. Lassiter. Our attorneys will review all the facts in the case and discuss the possible legal defenses with you. We will contact the prosecutor to obtain all of their information, including Brady evidence, potentially exculpatory evidence that the prosecutors are legally required to give to the defense.
The legal team at the Law Offices of Mark T. Lassiter believes that every defendant is innocent until proven guilty, no matter the charge. We will fight to defend your rights and make the best case to the court both before and during the trial. Contact the Law Offices of Mark T. Lassiter at (214) 845-7007 immediately if you have been charged with child sexual assault. If your case is already in process, we can still help. Call today for a confidential consultation.
