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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27194
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My son is 17 (turns 18 in October) and has presumably had sex

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My son is 17 (turns 18 in October) and has presumably had sex with a 16 year old girl. The mother of the girl is wanting to press charges. Can she and what charges could she press?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Texas law defines a "child" as any person under the age of 17 years old. That means that, legally, the girl is considered incapable of consenting to sex. Knowingly or intentionally engaging in sexual contact with a child is sexual assault. The statute includes sex and oral sex. Tex. Pen. Code, Section 22.011. However, the statute does not apply when the person accused of the assault is less than three years older than the alleged victim, if that person is at least 14 years old. Section 22.011(e)(2). So, there is no basis for the mother here to have your son arrested because her daughter voluntarily chose to engage in intercourse. There would have to be some evidence that he forced her, overcame her will by getting her drunk, or something similar. It's not illegal for a 16 and 17-year old to have sex in Texas.

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