Criminal Defense and Title IX
Attorneys Austin, TX

Texas Statutory Rape Defense Lawyers in Austin

Our attorneys can fight for your reputation and your future

Just like any other type of sex crime, statutory rape charges in Texas are not to be taken lightly. These accusations can have far-reaching consequences, impacting both your personal and professional life.

You need a dedicated legal team with extensive experience in sexual assault and criminal defense. Botsford & Roark has a deep understanding of Texas laws and the complexities of statutory rape cases. Our commitment to protecting your rights and taking every opportunity to challenge the prosecution is what sets us apart.

If you're facing statutory rape charges, you need to take quick, bold action to protect your rights, freedom, and reputation. Contact an Austin-based statutory rape defense lawyer at Botsford & Roark for a confidential case evaluation. We can answer questions, explain the charges, and review your legal options.

Understanding statutory rape in Texas

Under Texas law, statutory rape involves sexual contact with a minor below the age of consent, which is 17 years old in most cases. Even if the alleged victim misrepresented their age or provided a fake ID, you could still find yourself accused of statutory rape. However, Texas technically doesn’t have a specific statutory rape charge. Such allegations are categorized into three distinct crimes:

  • Indecency with a child. Sexually arousing or gratifying touching (but not penetration) with an individual under age 17
    • Second degree felony
    • 2-20 years in prison, up to $10,000 fine
  • Sexual assault. Penetrative sex with a minor, ages 14-16
    • Second degree felony
    • 2-20 years in prison, up to $10,000 fine
  • Aggravated sexual assault.
    • First degree felony
    • 5-99 years in prison, up to $10,000 fine

Aggravated sexual assault is the most serious of the charges. A sexual assault or indecency with a child charge may be upgraded to aggravated assault under these and other circumstances:

  • The victim suffered serious bodily injury
  • They were in fear of death or serious bodily injury
  • They were threatened with or injured by a deadly weapon
  • They were subdued with a date rape drug
  • They were less than 14 years old

Legal defenses for statutory rape

Statutory rape charges demand a robust defense to protect your rights and future. Botsford & Roark has a track record of successfully defending clients against these allegations. Here are some key defenses that may be considered for your case:

  • Mistaken identity, false accusations. False statutory rape allegations happen. Our thorough investigations get to the bottom of what happened. We collect the evidence necessary to build you a strong defense.
  • Mistaken age defense. This strategy does not work in all scenarios. However, if you had no knowledge that the alleged victim was under the age of consent, you may have a defense. Our experienced attorneys can help demonstrate that the minor's maturity misled you, making it easy to make a genuine mistake.
  • Marriage. Texas law protects married couples from statutory rape charges, even if one party is below the age of consent.
  • Romeo and Juliet Law. In certain cases, if the minor is between 14 and 17, and the age gap is no more than 3 years, this law may apply, potentially reducing the severity of the charges.

Don’t wait to take action — contact Botsford & Roark today

Don't navigate the complexities of statutory rape charges alone. At Botsford & Roark, our statutory rape defense lawyers offer free and confidential case evaluations to assess situations and provide legal guidance.

Contact us any time. A member of our team is available 24/7. We are ready to listen to the details of what happened, answer questions and explain how the law applies to your specific situation.

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