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My daughter is dating an of age man when she is underage, I…

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My daughter is dating an...
My daughter is dating an of age man when she is underage, I fully approve of this relationship although I fear that he will get arrested for statutory rape falsely. One of his friends filed an anonymous police tip although nothing was done and he eventually confessed to my daughter's boyfriend. What are the requirements for police to arrest someone or question someone?
Submitted: 2 months ago.Category: Criminal Law
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Answered in 9 minutes by:
5/29/2018
Criminal Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Criminal Law
Satisfied Customers: 1,383
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. The Texas statutory rape statute will apply whether you approve of the conduct and the relationship or not. Under the law anyone under 17 years old is presumed unable to give consent; thus the issue is not consent but age. Anyone 18 or older who has sexual relations with someone who is under 17 has committed statutory rape, regardless who consented to the conduct. There are exceptions to the criminal statute, which are summarized here: (1) if the parties are legally married; (2) if both parties are minors and the older one is not more than 3 years older than the younger person in the relationship; and (3) mistake of age (if the older party mistakenly believed the younger was of age, which does not appear to apply here). For the police to look into this situation would only require the allegation that someone 18 or older was having a sexual relationship with a minor (under 17) and that allegation may also be sufficient for an arrest. The arrested individual would then have to show one of the exceptions applied. Again, the key is not consent, but age.

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Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
Could he get arrested just for being accused of statutory rape?
Criminal Lawyer: Attorney Wendy, Lawyer replied 2 months ago

It is possible; prosecutors do take statutory rape seriously though it is often viewed less seriously depending on how young the younger of the two people in the relationship are.

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Customer reply replied 2 months ago
Is there proof required
Criminal Lawyer: Attorney Wendy, Lawyer replied 2 months ago

There would certainly need to be some proof of a physcial/sexual relationship between this man and your daughter; if police did investigate they would likely interview both of them.

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Customer reply replied 2 months ago
What type of proof would be required to prove physical or sexual relationship between the two, they've hugged.
Criminal Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Hugging does not violate the statute. Typically a sexual relationship is proven by admission by the parties (since lying to law enforcement can be a crime; as is lying on the witness stand if there was an actual trial) or by circumstances (staying overnight together; in the same bedroom; people saw them doing more than hugging; etc.)

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Criminal Lawyer: Attorney Wendy, Lawyer replied 2 months ago

It is also common for text messages, emails, social media postings and other such things are used as evidence.

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