Legal Question in Criminal Law in Texas

age of consent

Can a twenty-six year old male have sex with a seventeen year old in Texas? since the law of consent is 17 and what exactyly is this 3 years of difference??


Asked on 8/15/08, 2:29 am

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: age of consent

Hello there,

Yes, the legal age of consent in Texas is 17. However, you must still be careful because you don't want this individual going out on a later date and saying the relations were not consensual. This does happen and the next thing you know you have been indicted on some trumped up sexual assault charge.

You are on the razors edge whenever you are having relations like this. You almost need to get the individual to let you copy their drivers license and write a letter signed before a notary of the public that any relations between the two of you are going to be consensual. Sounds crazy but you would be wishing you did this if you are charged with anything.

As for the three years age difference question, that is their for individuals that are engaged in what we call downward dating. Children having sex with other children. If they fall within three years of age between the two parties there is a defense for them.

Sincerely,

Erick Platten

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Answered on 8/15/08, 1:17 pm


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