In Texas, statutory rape can be charged when a person is 18 or older and has sex with another person who is younger than 17. It is illegal even if both parties give consent because, under the law, a person younger than 17 is below the age of consent. Statutory rape can bring significant criminal and civil penalties under state law. If this has happened to you or a loved one, know that help is available, and justice is possible.
A Dallas sexual abuse attorney at Crowe Arnold & Majors, LLP, provides skilled and compassionate legal representation for victims of statutory rape across Texas. If you or someone you love has been harmed, report the incident to authorities, seek medical attention, and contact Crowe Arnold & Majors for dedicated legal counsel. By aligning yourself with the right attorney, you can hold abusers and their enablers accountable and secure access to resources that may be required in the healing process.
The Age of Consent in Texas
As noted, the legal age of consent in Texas is 17. If an adult over 18 has sex with someone who is 16, it is considered statutory rape. This is true even if the underage victim gives consent because, in Texas, anyone under 17 cannot legally give consent if underage.
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The Romeo and Juliet Exception
The defendant may be exempt from prosecution if they are no more than three years older than the younger partner and the younger partner is at least 14. Texas law states that an age gap of three years is an affirmative defense. For example, a 17-year-old cannot be charged with statutory rape if their consenting partner is 14. However, this does not apply to sex with someone under 14, which is not permissible under any circumstances.
Statutory Rape: Criminal vs. Civil Cases
Statutory rape is a form of sexual assault, which is a crime in Texas. Charges and convictions for statutory rape depend on several factors, including the relationship of the abuser to the victim and the use of force. The goal of a criminal conviction is to punish the offender and prevent them from harming others.
In a civil lawsuit, the goal is to recover monetary compensation for the physical, emotional, and financial damages the victim has experienced. To receive a settlement or court award, an attorney must prove that it is more than likely the defendant sexually assaulted the plaintiff. The burden of proof in a criminal case is much higher, which is beyond a reasonable doubt.
Although criminal and civil cases are independent, they can occur simultaneously. If the defendant is not found guilty in criminal court, that doesn’t mean a civil case will be unsuccessful. You may still prevail because the burden of proof, as noted, is lower in civil cases.
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The Process for Filing a Civil Lawsuit for Statutory Rape
If you are a victim of statutory rape, report it to law enforcement, and follow up with a consultation with an attorney who handles civil cases. In Texas, survivors can bring civil lawsuits if they are willing to testify under oath about the assault. Evidence like medical records, witness accounts, and photos and videos are used to support the case.
Although civil sexual abuse lawsuits are public records, the state courts allow minor victims to remain anonymous. They can be referred to by initials or as “Jane Doe” or “John Doe.” They can sue the offender and, in some cases, a third-party organization, such as a church or a school.
For example, suppose a high school covered up prior suspected statutory rape by a teacher or counselor, and they assaulted another student. In that case, the school can be named in a civil lawsuit. However, every case is unique. Your attorney will determine if you have grounds for a claim and what damages are appropriate.
The Impact of Statutory Rape
According to RAINN, the Rape, Abuse & Incest National Network, victims of rape and other forms of sexual assault are at risk of:
- Depression
- Eating disorders
- Flashbacks
- Panic attacks
- Post-traumatic stress disorder
- Self-harm
- Sleep disorders
- Substance abuse
It’s wise to seek help after sexual assault. Confide in a trusted friend or family member, consider counseling, and explore resources like RAINN and the Texas Sexual Assault Survivors Online Directory for help and support.
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How a Sexual Assault Attorney Can Help
A criminal conviction for a sex offender can provide survivors with a sense of closure, knowing that their voice was heard. However, survivors are still left to deal with significant emotional and physical trauma. Our Dallas sexual assault attorneys recognize the harm victims suffer and are well-equipped to tackle these complex civil claims.
You can trust our team to advocate for you from the initial consultation through every step of the legal process. We handle every case with the utmost discretion and sensitivity to avoid causing further pain. We believe that civil lawsuits based on statutory rape are crucial to hold perpetrators accountable and help survivors heal.
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Choose the team of personal injury lawyers Dallas locals know they can depend on for caring, dedicated service. Crowe Arnold & Majors, LLP, offers powerful representation to victims of statutory rape. Our compassionate team will investigate your case and fight for your right to recover damages for your losses.
Schedule a free and confidential consultation in our Dallas office. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
