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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My little brother is 16 and the girl he has been having relations

Customer Question

My little brother is 16 and the girl he has been having relations with is 13. And the father of the girl is threatening to file charges on my little brother. Does he have a case for statutory rape here since my little brother is also under 17? and can he still get into legal trouble?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.

Texas's statutory rape law is section 22.011 Sexual Assault.

The father can prosecute here. Texas law does allow for an affirmative defense to the charge of statutory rape if the couple are no more than 3 years apart in age, and if the the child is at least 14, but that defense would not help if she's only 14.

I am sorry, but I can find nothing that indicates that their both being under 17 would make a difference if one is under 14.


If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 1/3/2010 at 8:06 PM EST