Legal Question in Criminal Law in Texas

wrongfully accused

two 14 year oldhaving sex willingly in the rectal, she bleeds and they try to charge the 14 year old boy with rape is that right. ther is no signs of forcement or nothing, do they have a case, can he be charged if they both say that they did this willingly, and have a witness to this.


Asked on 9/05/08, 10:47 pm

2 Answers from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: wrongfully accused

If a child is under 17 years old and has sex, their consent is not relevant unless they were no more than 3 years apart in age from the other person. In that case there may be what is called an affirmative defense to the prosecution, as long as the sex was consensual between the persons. However, if there is some evidence of non-consensual sex, then the authorities often prosecute those types of cases.

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Answered on 9/06/08, 8:18 am
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: wrongfully accused

Hello there,

If the party comes forward and testifies or gives an affidavit of non prosecution saying the act was consensual the case should be thrown out.

There is a defence if the parties are within three years of age between them. This is to protect children that are engaging in sexual acts.

But the biggest hurdle you have to overcome is wether or not the act was consensual.

If you have any further question feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 9/06/08, 2:23 pm


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