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soloprac, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 664
Experience:  Five years exclusive court house criminal law practice.
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My sons dad and i were going through a rough time in the beginning

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My sons dad and i were going through a rough time in the beginning of the year so we split up. From what i have heard from his friends and family, he was very upset about the breakup and started popping pills, drinking twice as much, and smoking more then ever. And one night he got soo messed up that he can not snap about what happended that night. All he remembers is when he woke up the next day, there was a girl laying next to him. And now she is calling and leaving messages saying that it is his baby and if he doesn't get with her, she is going to file a statutory rape case against him. Is there anything we can do? We live in Texas and I read the Texas Penal Code but I need help to further understand.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  soloprac replied 8 years ago.

First, what she is doing or trying to do to your son is considered to be along the same lines as blackmail.

I read over the Texas Penal Code and saw the section which you are referring to and it does refer to intentional or knowing conduct and his defense to that would be that at the time of this incident he did not have the intent to knowingly or intentionally act due to his incapacity after consuming alcohol/pills.

However, I did read another section of the code which could pose some problems for him which I will post below.

Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex;

(2) did not use duress, force, or a threat against the victim at the time of the offense; and

(3) 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 had a reportable conviction or adjudication for an offense under this section.

(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

There a million questions that need to be answered at this point. What is her age, whether or not they actually had sexual contact, why she has not reported anything to date, etc. It seems as though she is merely trying to threaten him with the possibility of her going to the police. I would tell him to tell the girl that he needs proof of the claims she is making.

Best of luck.


Customer: replied 8 years ago.
The girl just turned 16 this year. My sons dad told me that he does not remember having any type of sexual contact with her. And as far as we know, she has not gone to the police because he had to go to court for an unrelated reason and they had no new charges on him. And its my sons dad who is in this situation, not my son. Sorry for not having that clear. And my sons dad is more than 3 years older than the 16 year old. I am telling him to go find a lawyer first and take the situation into his own hands but both of us are worried about whether it would backfire if he were to do that.
Expert:  soloprac replied 8 years ago.
You are completely right - he needs to see an attorney concerning this matter. If he is concerned about admitting possible guilt tell him to phrase everything as though he is getting advice for a friend or to ask about the situation hypothetically. That way he would not be admitting anything.
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