Legal Question in Criminal Law in Texas

Statutory rape with mutual consent

I am 20, she is 15, her parenst agreed to us dating at first, two months later disagreed, she lied, said I was 19, they broke us up. We had mutual sexual intercourse. Her ex told her mom we werre having sex, just because he tried to get back with her and she said she was with someone, coincidince. It was twice, I used a condom, no one ever saw us. She has agreed to never say we did anything besides kiss and hug. Her parents are threatening to press statutory rape charges, and/or molestation, indeciency with a minor. Do they have a case, can she get emancipated, can we get married, because we want to get married. She really wants to get emancipated, because she can live with her best friend or my cousin who is also 20, she thiks you have to get signatures which she can get from adults. I really love her and don't want to go to jail, i really want to marry her, which I could support her and me. Need help really bad, and soon, thank you so much.


Asked on 10/27/00, 11:51 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Statutory rape with mutual consent

If you and she are adament that you did not have intercourse, it is difficult to see how anyone could prove differently. Claims by an ex that such is the case are legally ineffective and hearsay, and won't support a criminal prosecution.

She is probably not eligible for emancipation under the circumstances you describe.

Plan to wait, and good luck.

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Answered on 11/16/00, 10:53 pm


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