Sexual assault is a serious crime that has severe consequences under Texas law. Assaults of either an adult or a child can lead to prison time, large fines, and your name listed on the Texas sex offender registry. However, not all cases of sexual assault are violations of consent – some can happen when the victim isn’t of age to give legal consent to sexual activity.
While many states in America set the age of consent at 18, Texas law allows for anyone aged 17 or older to give their consent for sexual activity to anyone at or over the same age. If somebody engages in sexual activity with somebody under the age of consent, even if it was consensual, they can be prosecuted for statutory rape.
Statutory rape occurs when a legal adult conducts any form of sexual activity with someone below the age of consent. It can even happen when the minor agrees to sexual activity. For example, if a 23-year-old and a 16-year-old were in a relationship and had intercourse, the 23-year-old would be guilty of statutory rape, no matter if the 16-year-old provided his or her consent or not. The purpose of such laws is to prevent adults from taking advantage of minors who don’t yet fully understand the seriousness of sexual activity.
Statutory rape laws are based on the age of consent. In the above example, if the two waited until the 16-year-old had turned 17, they would be within their legal rights to have consensual sex.
While these laws play a role in keeping adults from taking advantage of children, they can also cause trouble. For teenagers in consensual relationships, there’s a chance that one of them will be older by a few years. What does that mean for their relationship once one of them turns 18 and becomes a legal adult?
Texas Penal Code 22.021 establishes the “Romeo and Juliet” law that handles these situations. The law states that anyone between the ages of 14 and 17 can legally give consent with someone within three years of their age, so long as the other party is at least 14 and gives his or her consent.
This code means that an 18-year-old and 15-year-old would be able to have consensual sex. However, a 14-year-old would not be able to have sex with anyone under the age of 14, even with the three-year age gap. Anyone who is 13-years-old cannot consent to sexual activity under any circumstances.
A few other Texas Penal codes that pertain to the Romeo and Juliet law include:
Texas Penal Code Sec. 21.11 outlines the offense of indecency with a child. This statute criminalizes engaging in sexual contact with a child under 17 years of age, or causing the child to engage in sexual contact. It also prohibits exposing oneself or causing the child to expose themselves with the intent to arouse or gratify sexual desire. The offense can be classified as a second-degree felony if involving sexual contact or a third-degree felony for exposure.
Texas Penal Code Sec. 22.011 defines the offense of sexual assault. This statute criminalizes intentionally or knowingly causing physical sexual contact or penetration of another person without their consent. It includes cases where the victim is unable to resist due to physical force, threats, or incapacitation. Additionally, it covers situations where the victim is underage (younger than 17 years old) and the actor is not the spouse. This offense is typically classified as a second-degree felony.
Many teenagers form relationships throughout their high school years. Sometimes, this can lead to dating across grades and ages. If a 16-year-old and a 17-year-old are dating, there may be a period when one is 18 and the other is still 16. Despite the relationship being consensual, there’s a chance that parents or guardians may not approve of the relationship and the 18-year-old may face charges of statutory rape.
While the relationship falls under the qualifications for statutory rape, Texas’s Romeo and Juliet laws create a way for young adults to avoid lifelong consequences for consensual relationships. After all, teenagers who are in a relationship with small age gaps often don’t face any difficulties until one of them becomes a legal adult. Is it fair to ruin a young adult’s life with a permanent sex offender registration over a consensual relationship?
According to the Texas Romeo and Juliet Law, the age gap allowed in Texas is three years apart. Essentially, as long as the minor is above 14 years old, they can legally consent to having sex with somebody who is maximum 3 years older, such as a 17 year old. For example it is legally ok for an 18 and 15 year old to engage in consensual sexual activity.
While the Romeo and Juliet laws exist to prevent unfair prosecutions of young adults, teenagers can still commit statutory rape if they have sex with someone outside of their acceptable age range, such as a 17- and 13-year-old. Likewise, any adult who isn’t within three years of a minor partner can also commit statutory rape, such as a 20- and 16-year-old.
If you are charged with statutory rape, you will have committed a second degree felony. In Texas, second degree felony is punishable with up to 20 years in prison.
| State | Age of Consent | Romeo and Juliet Statute | Additional Notes |
|---|---|---|---|
| Alabama | 16 | Yes | Sexual contact with someone younger than 16 but older than 12 is sexual abuse if the offender is 19 or older. |
| Alaska | 16 | Yes | Illegal for someone 16+ to have sex with someone at least 3 years younger who is 13-15. |
| Arizona | 18 | Yes | Below 18 cannot consent to sexual activity with someone older. |
| Arkansas | 16 | No | Adult sex with a minor below 16 is statutory rape. |
| California | 18 | No | Illegal to engage in sexual intercourse with a minor unless married. |
| Colorado | 17 | Yes | Persons under 15 can consent to sex with someone no more than 4 years older; under 17 with someone no more than 10 years older. |
| Connecticut | 16 | Yes | Illegal to engage in sexual intercourse with anyone below 16, unless married. |
| Delaware | 18 | No | Harsh penalties; sex with someone under 18 by an offender over 30 is rape. |
| District of Columbia (D.C) | 16 | Yes | Applies equally to heterosexual and homosexual conduct. |
| Florida | 18 | No | Allows 16- and 17-year-olds to consent to sex with someone aged 16-23. |
| Georgia | 16 | Yes | Conviction requires additional evidence beyond the victim’s testimony. |
| Hawaii | 16 | Yes | Close-in-age exception for those 14+ with someone less than 5 years older. |
| Idaho | 18 | Yes | Sexual intercourse with someone under 16 is rape; 16 or 17 with someone 3 years older is also rape. |
| Illinois | 17 | Yes | Persons 16-17 can consent if the partner is less than 5 years older. |
| Indiana | 16 | Yes | Defense available for young defendants accused of sex with 14- and 15-year-olds. |
| Iowa | 16 | No | Females can consent at 14 if the partner is no more than 5 years older. |
| Kansas | 16 | Yes | Protects minors from sexual exploitation by adults. |
| Kentucky | 16 | Yes | 3rd degree rape if under 16 and offender is 21+; under 18 and offender is foster parent or 21+. |
| Louisiana | 17 | Yes | Misdemeanor carnal knowledge for 17-19 with 15-17 if age difference is greater than 2 years. |
| Maine | 16 | Yes | Applies equally to heterosexual and homosexual conduct. |
| Maryland | 16 | Yes | 14-16 can consent if the partner is not more than 4 years older. |
| Massachusetts | 16 | Yes | Allows sexual intercourse with minors 16+ unless otherwise unlawful. |
| Michigan | 16 | Yes | Teachers cannot engage in sex with students aged 16 or 17. |
| Minnesota | 16 | Yes | Statutory rape if the victim is under 13; 13-16 can consent if the partner is less than 4 years older. |
| Mississippi | 16 | Yes | Engaging in sexual activity with minors under 16 may result in statutory rape charges. |
| Missouri | 17 | Yes | Legal for 14-20 years old to have sex; second degree statutory rape if offender is 21+ and victim under 17. |
| Montana | 16 | Yes | Sexual intercourse without consent for minors under 16. |
| Nebraska | 17 | Yes | Consent laws do not apply if both parties are under 18. |
| Nevada | 16 | No | Sexual conduct between 19 and 15-year-olds is statutory sexual seduction. |
| New Hampshire | 16 | Yes | Applies to those in a position of authority over another. |
| New Jersey | 16 | Yes | Applies equally to heterosexual and homosexual conduct. |
| New Mexico | 17 | Yes | Prosecution for 4th degree criminal sexual penetration for adults with minors aged 13-16. |
| New York | 17 | Yes | Close-in-age exceptions apply to prevent punishment of consensual sex between minors. |
| North Carolina | 16 | Yes | Exceptions for school employees; cannot have sex with students unless married. |
| North Dakota | 18 | Yes | Applies equally to males and females, and heterosexual and homosexual conduct. |
| Ohio | 16 | Yes | Applies only to heterosexual encounters. |
| Oklahoma | 16 | Yes | Recognizes an age differential of two years. |
| Oregon | 18 | Yes | Applies equally to men and women, and to both heterosexual and homosexual conduct. |
| Pennsylvania | 16 | Yes | 18 for corruption of minors; close-in-age exceptions may apply. |
| Rhode Island | 16 | Yes | Illegal for someone 18+ to have sex with someone 14-16. |
| South Carolina | 16 | Yes | 14-year-olds can consent with partners aged 18 or younger. |
| South Dakota | 16 | Yes | Legal consensual relationship; sexting can result in child pornography charges. |
| Tennessee | 18 | Yes | Statutory rape involves victims aged 13-17 and offenders at least 4 years older. |
| Texas | 17 | Yes | Minimum age of 14 with an age differential of 3 years. |
| Utah | 18 | Yes | 16 for women with some restrictions; men must be 18. |
| Vermont | 16 | Yes | Single age of consent; close-in-age and Romeo and Juliet exceptions. |
| Virginia | 18 | Yes | Below 18 cannot legally consent; statutory rape for consensual intercourse. |
| Washington | 16 | Yes | Applies to both heterosexual and homosexual conduct. |
| West Virginia | 16 | Yes | Illegal if the offender is more than 4 years older and not married to the victim. |
| Wisconsin | 18 | Yes | Consensual sexual contact with 16-17-year-olds is a misdemeanor. |
| Wyoming | 18 | Yes | 16 for women; 18 for men; law addresses heterosexual conduct only. |
Because of the severity of sexual assault charges, especially against minors, it is important to have skilled legal representation to help you with accusations of statutory rape. If you are facing sexual assault charges, hire a Houston rape defense lawyer today.