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What Are The Defenses To Statutory Rape?

Well, by definition, the Statutory Rape, or the sexual assault, person to consent is, again, by definition, consensual. There is no force, no intimidation or threats, no promises of anything to obtain the act of sex. A defense could be, and does exist, when the participants are close in age, usually about two years, and some states vary on that, that can be an exception that does present a defense, even if one person is underage.

What Is the Age of Consent?

In the State of Texas, the age of consent is 17 years. There is an exception to this in that if the minor is 14 years of age or older and the person they are engaging in sexual activities with is no more than 3 years older than they are, then it is considered legal. The exception does not apply to someone who is required to register on the sex offender’s list. The laws vary by state, so even if it’s legal in Texas that doesn’t mean it’s legal everywhere.

What Should I Do If I’ve Been Accused of Statutory Rape?

The first thing you should do is to hire an attorney before you do anything else. The attorney will go in and find out not only what charges are being prepared against you but also what evidence has been provided. This will allow you to provide counter evidence and potentially get the charges dropped before an indictment is rendered.

What Should I Do If an Officer Attempts to Question Me?

Politely refuse the interview. Let them know that you either have an attorney or that you are in the process of hiring an attorney and that the attorney will be in contact to schedule the appointments and will be with you during the interviews.

How Should I Choose an Attorney?

You should choose an attorney based on six criteria: the experience they bring to the table, their reputation in the legal field; their track record; the advantages they have to offer you for the money you are paying them; how dedicated they are to fighting for the best possible outcome; and how comfortable you feel with them. Ideally you would want to choose an attorney who has experience both as a former prosecutor so that they know the strategies and the time frames that the other side operates under, someone who can work in both federal and state courts so they can represent you regardless of where your case ends up being tried, someone who has a proven track record of success in cases like yours, and someone who can offer you more than just an attorney. You want someone who will go to the mat and fight for your case.

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