Legal Question in Criminal Law in Texas

If the girl was under 16 when they had sex then he could be charged with sexual assault because she legally could not consent BUT he would have an affirmative defense that they are less than 3 years of age apart so he could not be convicted. The statute of limitations runs when she turns 27.

Statutory Rape is a type of sexual assault case in Texas in which the very age of the person the accused has had sex with makes it a sexual assault. If the child is older than 14 years old, but younger than 17 years old and there is more than 3 years age difference between the child and the accused the Texas penal code 22.011 classifies it as sexual assault.

This is because in Texas the age of consent is 17. A person 16 years old or younger cannot give consent to sexual intercourse. It is important to note that this includes oral sex.

A statutory rape charge is most times brought by someone other than the minor child. It is usually brought by someone in a position of authority that learns about the sexual activity or by the parents of the minor child. The charge can even be brought by the State of Texas.

Sexual assault is a second degree felony in most cases. If the accused case is not dismissed, the range of punishment for this offense includes probation or jail time between 2 and 20 years and an optional fine not to exceed $10,000. It also includes sex offender registration, which is a lifetime requirement in most cases.