Texas Statutory Rape Lawyer

Being accused of statutory rape does not mean you do not deserve a fair trial or that the rest of your life is decided. It means one claim is now going to be tested against real evidence, in front of a judge, not against rumor or assumption.

Texas never labels a charge statutory rape. Prosecutors use three separate laws instead: sexual assault of a child, indecency with a child, and aggravated sexual assault of a child, and which one applies depends on the ages involved and the specific conduct alleged.

A statutory rape lawyer in Texas reviews which statute the state charged, whether the evidence matches the elements of that statute, and whether an affirmative defense such as a close-in-age exception applies. 

How Do The Law Offices of Richard C. McConathy Defend Statutory Rape Charges in Texas?

Our firm builds a defense strategy around the statute charged, the evidence the state collected, and the age-based rules that separate a lower-level indecency charge from an aggravated sexual assault charge. 

Richard C. McConathy has practiced criminal defense in Texas courts for more than 35 years and has handled over 6,000 criminal cases, with more than 1,000 resulting in a dismissal.

Those cases span the full range of Texas criminal law, including sex offense allegations that hinge on contested facts, disputed timelines, and forensic evidence.

Direct Access to the Attorney Handling Your Case

People facing a statutory rape allegation in Texas work directly with the attorney handling their case, not a rotating cast of paralegals or junior associates. 

Our firm answers calls related to these charges 24 hours a day, since an arrest rarely happens during business hours.

What Is Statutory Rape Called Under Texas Law?

Texas Penal Code does not contain a crime named statutory rape. Prosecutors charge these cases under one of three separate statutes instead, depending on the ages involved and the conduct alleged.

The Three Texas Statutes That Cover Statutory Rape

Each statute targets different conduct and carries its own legal elements, so identifying which one applies is the first real question in a statutory rape defense. The three statutes are:

• Texas Penal Code Section 22.011, Sexual Assault of a Child, which applies when the sexual contact involves penetration and the alleged victim is younger than 17.
• Texas Penal Code Section 21.11, Indecency with a Child, which applies to sexual contact or exposure without penetration involving a child younger than 17.
• Texas Penal Code Section 22.021, Aggravated Sexual Assault of a Child, which applies when the alleged victim is younger than 14 or when specific aggravating factors are present.

What Is the Age of Consent in Texas?

The age of consent in Texas is 17. Sexual contact with someone younger than 17 may expose the older person to prosecution even if the contact was consensual, since Texas law treats consent from a minor as legally invalid in these cases. That rule applies regardless of the relationship between the two people or whether the minor agreed to the contact.

The Romeo and Juliet Exception in Texas

Texas law includes a narrow close-in-age exception, often called a Romeo and Juliet provision, that may apply to both indecency with a child and sexual assault of a child charges. The exception generally requires the accused to have been no more than three years older than the alleged victim, to have used no duress or force, and to have no existing requirement to register as a sex offender.

It does not apply to aggravated sexual assault of a child, and it does not erase the burden of raising and proving the defense in court.

What Are the Penalties for a Statutory Rape Conviction in Texas?

Penalties for a statutory rape conviction in Texas range from a second-degree felony up to a first-degree felony carrying a sentence of up to 99 years or life, depending on which statute applies and whether aggravating factors exist.

Felony Degrees and Punishment Ranges

The table below breaks down the punishment range tied to each of the three statutes discussed earlier.

Aggravating Factors That Increase Penalties

Several fact patterns push a case from a lower felony degree into the more serious ranges shown above, and understanding them helps explain why two similar-sounding cases may end in very different outcomes. Common aggravating factors include:

• A weapon displayed or used during the alleged offense.
• Serious bodily injury to the alleged victim.
• An alleged victim younger than 14 at the time of the offense.
• A prior conviction for a similar offense.
• Multiple alleged victims or incidents charged within the same case.

Prosecutors use these factors to justify tougher charges and higher bail, which is one reason an early defense review of the indictment matters.

How Does Sex Offender Registration Work After a Conviction?

A conviction for sexual assault of a child, indecency with a child, or aggravated sexual assault of a child requires registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. Registration means reporting personal information, a photograph, and an address to local law enforcement, and that information becomes part of a public registry maintained by the Texas Department of Public Safety (DPS).

How Long Sex Offender Registration Lasts

The registration period depends on the offense and the specific facts of the conviction, and Texas law sets several different timelines. In general:

• A 10-year registration period applies to certain lower-level offenses.
• A lifetime registration requirement applies to aggravated sexual assault of a child and to most convictions involving penetration of a child.
• A separate lifetime requirement applies to anyone with more than one reportable conviction, regardless of the underlying offense.
• Deferred adjudication in some of these cases still triggers a registration duty, even without a final conviction.

Because registration status affects where someone may live, work, and travel for years or decades, it plays a direct role in how a defense attorney evaluates any plea offer.

What Defenses Might Apply to a Texas Statutory Rape Charge?

Several defense strategies apply to Texas statutory rape charges, though which one fits depends on the specific statute charged and the evidence in the case. Texas law does not recognize a mistaken belief about the alleged victim's age as a defense to these charges in most circumstances, so an effective defense usually focuses on other issues in the case.

Potential Defense Strategies

A defense attorney reviewing one of these cases typically looks at several angles before recommending a plea or a trial. These angles include:

• The close-in-age exception may apply based on the ages of both people and the absence of force or duress.
• The evidence may not support the specific statute charged, since prosecutors sometimes overcharge a case under the more serious statute.
• Statements, forensic interviews, or digital evidence must comply with Texas evidence rules to be used against the accused.
• An alibi, a timeline inconsistency, or a motive to fabricate a report may undermine the state's version of events.

Which of these strategies applies, if any, depends entirely on the facts of a specific case, which is why a review of the police report and indictment happens early in every defense.

What Happens After an Arrest for Statutory Rape in Texas?

An arrest for statutory rape in Texas typically leads to booking, a bail hearing, and a grand jury review before formal charges move forward.

What to Expect During a Criminal Investigation

Cases involving an alleged child victim often start with a forensic interview and a report to Child Protective Services or local police before an arrest happens. The process generally includes:

• A forensic interview of the alleged victim at a child advocacy center.
• A police investigation that may include search warrants for phones, computers, or other devices.
• An arrest, followed by a bail hearing where a judge sets release conditions.
• A grand jury review that decides whether to issue a formal indictment.
• An arraignment, where the accused enters a plea and pretrial deadlines begin.

Each of these stages creates a chance to challenge evidence or negotiate an outcome, and the earlier a defense attorney gets involved, the more of those chances remain open.

FAQ for the Law Offices of Richard C. McConathy

Take Action on a Texas Statutory Rape Charge

A statutory rape charge in Texas moves fast, often faster than the accused expects, with grand jury indictments and bail conditions arriving within weeks of an initial report. 

The Law Offices of Richard C. McConathy reviews these cases at every stage, from a pre-arrest investigation through trial, and answers calls related to an arrest any time of day.