Austin Statutory Rape Lawyer

Facing a charge of statutory rape is not only serious but also deeply distressing. This offense involves a sexual relationship with someone legally unable to consent due to their age, carrying heavy penalties if you're found guilty. You might be looking at time behind bars, substantial fines, and the life-altering impact of being listed as a sex offender. However, not all hope is lost.

A skilled Austin statutory rape lawyer can provide strong defense strategies that may significantly alter the outcome of your case.

Contact today to arrange a consultation with our experienced team of criminal defense attorneys in Austin.

What Is Statutory Rape?

Statutory rape, according to Texas law, involves sexual activities with a minor, defined as someone under 17 years old, regardless of whether the minor consents. This law is in place because minors cannot legally give consent to sexual activities. To convict someone of statutory rape, a prosecutor must prove that the accused intentionally or knowingly engaged in specific acts with a minor. These acts include penetrating the minor's anus or sexual organ by any means, causing the minor's sexual organ to contact another person's mouth, anus, or sexual organ, or causing the minor's anus to contact another person's mouth, anus, or sexual organ.

Even if the accused did not know the minor's age, they could still be charged with statutory rape. This rule holds because the law assumes that adults engaging in sexual activities with younger individuals should verify the age of their partners.

Additionally, rape can involve situations where the accused used force, threats, or any form of coercion. If the accused used any substance to impair the individual’s ability to resist or understand the nature of the act, this also falls under rape. For example, if the accused gave the individual drugs or alcohol without their knowledge, making them unable to resist or understand what was happening, this would be rape regardless of the victim’s age.

Other specific scenarios also qualify as rape. These include when the accused is in a position of authority or trust, such as a coach, tutor, healthcare provider, or clergy member, and they exploit this position to engage in sexual acts with a minor.

What Are the Penalties for Statutory Rape in Texas?

Statutory rape in Texas is classified as a felony, but the specific penalties depend on the circumstances of the offense. Generally, an offense under this law is a second-degree felony. If convicted of a second-degree felony, you face 2 to 20 years in prison and a fine of up to $10,000.

However, certain conditions can elevate the offense to a first-degree felony. A first-degree felony conviction can result in up to life behind bars and up to a $10,000 fine.

The law also provides for affirmative defenses in some situations. For example, if you were not more than three years older than the minor and were in a dating relationship, or if you were married to the minor, these circumstances could affect the charges and penalties.

Potential Alternatives to Incarceration

If you are convicted of statutory rape in Texas, you might have options besides jail time. One of these is community supervision, also known as probation. Under community supervision, you may need to meet certain conditions like attending counseling, performing community service, or avoiding contact with the victim. This allows you to remain in the community while meeting specific requirements set by the court. Successfully completing community supervision can sometimes reduce the impact of your conviction, helping you to avoid incarceration.

Collateral Consequences of a Statutory Rape Conviction

A statutory rape conviction in Texas can affect many parts of your life. You will have to register as a sex offender, which can limit where you live and work. This registration is public, meaning anyone can access this information. You might also lose certain civil rights, such as the right to vote or own a firearm. Additionally, you may face social stigma and challenges in personal relationships. These consequences can be long-lasting, impacting your reputation and future opportunities.

What Is the Criminal Process for Statutory Rape Charges in Texas?

If you are investigated or charged with statutory rape in Texas, the process starts with an arrest or an investigation by law enforcement. You may be questioned, and evidence will be collected. After the investigation, you may be arrested and taken to jail. During this time, you have the right to remain silent and to get a lawyer. At your arraignment, the charges against you will be read, and you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the case moves to pre-trial, where both sides exchange evidence and build their cases.