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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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I have been approached by a woman who claims that i broke into

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I have been approached by a woman who claims that i broke into her house and raped her daughter, but I've never seen her. The situation is that i know the girl and we went out for a few weeks but her parents would never let her date so I would sneak into her house. And for the breaking and entering, i believe that she cant press charges against that due to the fact i was allowed entrance from a resident of the home. Then we did engage in sexual activity but she agreed with it. I was 17 and she was 15 and we both live in texas. Now as i believe, 17 is the age of consent but im not sure if its statutory rape or some other crime if shes only 2 years younger. If her mother presses charges what could happen and what charges would be brought against me?
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How long ago did the sexual activity take place?
Customer: replied 4 years ago.

It was about two months ago.

Texas does have a defense in such a situation. Here is the quote from the Penal Code

(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, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, 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; and
(2) the victim was a child of 14 years of age or older.

Texas Penal Code, Section 22.011 - Sexual Assault

Here you do meet the conditions of the defense. As such you can be charged but you do have a defense. In addition I agree as to any charge for breaking and entering. Anyone who engages in sexual activity with someone under the age of consent (17) in Texas is liable for prosecution, including people only a few years older then their sexual partner and even two individuals who are both under the age of consent. But you do have a defense and because of that it is unlikely that you would be prosecuted even if you are charged and arrested. The only problem would be if the girl does not back up that the sex was consensual.

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