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i was charged with rape of a child at age 17 . the girl was 16 and the sex was condented.this happened back in 1983 can this offense be removed now that we have the romeo and juleit law in 2009.

Submitted: 32 days and 21 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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State/Country relating to Question: Texas

Already Tried:
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Answer

Hello,

My name is Eli and I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

In Texas, she statute does in fact contain a loophole, an affirmative defense, allowing for consensual sexual activity for children 15 years or older with an adult no more than 3 years older than the child. You need to have an attorney to petition for you to remove you from the list under the law, and if the Judge agrees, he may. The law is fairly new, and retroactivity is being tested now.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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Expert: Eli
Pos. Feedback: 98.3 %
Accepts: 
Answered: 10/21/2009

Attorney and Counselor at Law

Specializing in areas of immigration, family law, personal injury, and small business consultation.

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