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Onpointlegal
Onpointlegal, Lawyer
Category: Criminal Law
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Experience:  Attorney with 20+ years of experience
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This is my issue - our daughter told us this weekend that ...

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This is my issue - our daughter told us this weekend that the guy she was dating "made" her have sex. This occured in April and they were (and still are) 17. What are our options to pursue if they are both considered minors. We live in Texas. Thanks.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Onpointlegal replied 6 years ago.
I think your options:

1) forbid her to continue seeing him (sounds like she may not be seeing him anymore already);

2) talk to his parents and make them aware of the situation;

3) educate her about the dangers/downsides of a sexual relationship and your views on what is a healthy sexual relation (and, as far as that goes, relationships in general -- one suggestion is to have her read "10 Stupid Things Women Do to Mess Up Their Lives". I should clarify, I am not suggesting she is to blame her at all. I don't know what you mean by "made" her have sex. But, in general, this type of conversation is a good conversation to have.

4) you could consider criminal legal action. Whether you want to or not is another question. It would, of course, be disruptive and would keep this issue in your directly lives for a longer period of time. And, how the process moves forward would depend to a great extent on what "made" her have sex means. If he talked her into it, pressured her by continually suggesting it, etc. until she finally said yes, that is probably different than physically restraining her and then, well, then...

5) you could also consider a civil lawsuit. Again, whether you would want to is a question for the same reasons discussed in #4 above.

Finally, some other thoughts:

A) if you decide to pursue 4 or 5, proof is likely going to be an issue. I mention this just so you are ready for it. It is unlikely he is going to readily admit to having sex with her against her will.

B) Now, the issue of against her will ... I think you alluded to this point when you said they were both 17 and said you are in Texas... can she consent? I appreciate your providing the information on what state you are in. Each state is different on this. But, the age of consent in Texas is 17. So, to the extent she consented, it is probably not criminal and you would probably not be successful in a civil case. Of course, whether she consented is a factual issue... and subject to his claims she did, her claims she didn't and then an issue of proving it and who believe who.

If you want to reference it, the applicable criminal statute (or at least one of them) showing the age of consent is 17 is pasted below. Both of the following quoted sections are applicable to the consent issue (for slightly different legal reasons but probably not worth explaining the differences here):

"Child" means a person younger than 17 years of age"

"the actor was not more than three years older than the victim..."

I wish you the best.



******
§ 22.011. SEXUAL ASSAULT. (a) A person commits an
offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or
participate by the use of physical force or violence;
(2) the actor compels the other person to submit or
participate by threatening to use force or violence against the
other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor
knows the other person is unconscious or physically unable to
resist;
(4) the actor knows that as a result of mental disease
or defect the other person is at the time of the sexual assault
incapable either of appraising the nature of the act or of resisting
it;
(5) the other person has not consented and the actor
knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other
person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or
participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability
to execute the threat;
(8) the actor is a public servant who coerces the other
person to submit or participate;
(9) the actor is a mental health services provider or a
health care services provider who causes the other person, who is a
patient or former patient of the actor, to submit or participate by
exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other
person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's
professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the
other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2,
Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to
another.
(3) "Health care services provider" means:
(A) a physicXXXXX XXXXXcensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
(4) "Mental health services provider" means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A) licensed social worker as defined by Section
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment
certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a
facility for compensation, including a contract laborer.
(d) It is a defense to prosecution under Subsection (a)(2)
that the conduct consisted of medical care for the child and did not
include any contact between the anus or sexual organ of the child
and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor was not more than three years older than
the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
an offense under this section; and
(2) the victim:
(A) was a child of 14 years of age or older; and
(B) was not a person whom the actor was
prohibited from marrying or purporting to marry or with whom the
actor was prohibited from living under the appearance of being
married under Section 25.01.
(f) An offense under this section is a felony of the second
degree, except that an offense under this section is a felony of the
first degree if the victim was a person whom the actor was
prohibited from marrying or purporting to marry or with whom the
actor was prohibited from living under the appearance of being
married under Section 25.01.



Customer: replied 6 years ago.
I appreciate your insight. My daughter said she never consented and based on that I consider this rape. I realize the issue of proving one side or the other but as a parent I don't want her to think we have no recourse. Even if we can't prove it was against her will I want to scare this guy so he will have something to think about the next time he tries this, because I fully believe there will be a next time. So, if we did pursue criminal action do we go to the police, get a lawyer, call the District Attorney's office? I'm just not sure of the process.
Expert:  Onpointlegal replied 6 years ago.
OK. That is all up to you.

The criminal process would start with contacting the police if you want to pursue criminal charges. If they will not move things forward to your satisfaction, you could try contacting the DA. And, if that doesn't work, you could go as far as getting your own lawyer... But, I would start with the police.

I don't know the personalities involved at all. But, may I suggest considering contacting the parents first instead depending on their personalities? I can almost guarantee they will be hostile if the police are involved. If you just contact them, they may also be hostile but it is not guaranteed. And, the consequences for the boy may be more severe if the parents inflict the consequences than if the parents go into the mode of defending him against a criminal complaint. I suggest this because I suspect you will be frustrated with the criminal justice process if you are pursuing to show your daughter she has recourse and remedies in this situation. She may learn the opposite lesson. Again, I don't have any information on her position or his position regarding this being consensual. But, if it is just his word against hers, I am going to guess the criminal justice system will not do much to satisfy you and you will find it to be frustrating.

Just my two cents.

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Category: Criminal Law
Satisfied Customers: 545
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