Texas Sex Crimes Legal Questions

You have the right to pursue an access and possession schedule with your children. If they haven't seen you in a long time, you would probably want to seek some counseling either through court services or some other free or low-cost service. Along with access and possession, you would likely be ordered to pay child support. That shouldn't deter you from seeking a relationship with your children. Child support is based on your income.  You would have to decide whether you want to make a police report about statutory rape charges against the woman. According to Texas law, you were not able to consent to sex until you turned 18, so her relationship with you was never legal if she left before you turned 17. You probably should report her.... Read More

If he doesn't have an attorney, the first thing you should consider doing is helping to hire him a good lawyer. Obviously, a sexual assault is a serious accusation. The range of punishment for sexual assault can be anywhere from 2 years to 20 years in prison. Depending on the age of the alleged victim, the range can go even higher.  If your brother has claimed indigency, the district court may have already appointed him an attorney. That is not something that would make me feel very comfortable. If he has the resources on his own, or help from family, he needs to hire someone good, if he wants a chance to avoid spending years in prison. You can send your brother a letter through "snail mail." Be careful, though. All letters are opened and screened. Same thing with phone calls. So, if you are able to write him or speak to him over the phone, do not discuss the facts of his case (i.e. who, what, where, when, how, with respect to the allegations). To see if the jail has any provision for a non-citizen to contact family outside the states, I would suggest you contact the jail directly. Do a Google search for the jail. For example, my practice is mainly in Harris County, Texas. So, I would do a search for the 'Harris County Sheriffs Department,' as it is the Sheriffs Dept who has authority of the jails in every County in the State of Texas. Once you find the appropriate Sheriffs Dept web page, you should be able to find a link to the "Jail," or, at least, a phone number.  Yes, theoretically, he can be held for 180 days. The critical issue is whether he is indicted within the allotted time. The state has 90 days to seek an indictment. After he is indicted, to be honest, there is every potential it could take much longer than even 180 days for his case to come to trial. It really just depends on which County he is being held in. There are a ton of issues a hired attorney would be investigating at this point. First, your brother's attorney should be trying to get him a bond. He may be held currently without a bond due to his citizenship status. But, there are still things an experienced attorney would explore to see if they can get him out while the case is pending. Also, if this is a case where there really is no evidence, it may be worthwhile to explore something we call a "grand jury packet," to se if the case could be killed before it is even indicted. Usually, these kinds of cases are very complex. So, there would be a lot of evidence to seek and pore over. This is not the kind of thing he should take lightly, even if he believes 100% that there is no evidence against him. ... Read More

Your question is a little confusing. Is this what you mean: 1. you had sex with your Mom's friend; 2. Mom's friend was charged with Aggravated Sexual Assault of a Child; 3. the case is still pending; and 4. you want to know if your Mom can give legal consent for the sexual activity with Mom's friend; 5. If so, will your parent's consent make the criminal case go away (be dismissed)? If that is what you meant, the answer is no. At the age of 16, you have not reached the age of legal consent. It's a statutory thing. In other words, the Texas Legislature has determined that the age of legal consent in Texas is 17 years of age. So, if an adult has sex with a person under the age of 17, consent is never an issue (with limited exceptions). No one - including your parents - can change that.... Read More

She's not old enough to legally consent to anything romantic; keep that in mind. What it means is that it is completely irrelevant, in the eyes of the law, whether she "wants it," or "agrees," or "instigates" anything sexual. The law puts the responsibility on you. Intent is also a non-issue. So, in other words, it won't be a defense to you to say, "I didn't mean for that to happen," or anything to that effect. The smart thing for you to do is stay away from her. Why? What you "can or cannot do" may be a far cry from what you can be accused of doing. And it's the accusation that will get you arrested and into the system. Beyond that, touching her breasts, genitals, or anus, will get some very serious charges filed against you. In a world of good ideas and bad ideas, pursuing this one would qualify as world's dumbest idea. ... Read More

Depending on your age you may be prosecuted as a minor or there may be an attempt to certify you as an adult. You need an attorney as soon as possible. Ask your parents for help and if they can afford it get medical help as well as legal help. The authorities will use anything they can get to prosecute.... Read More

Once the charges have been accepted by the DA's office they are the only ones who can drop the charges. You're going to need to hire an attorney; and a good one at that. These cases are basically strict liability offenses. In other words, if she is under the legal age of consent, she cannot give consent. So, any argument that "the relationship was consensual," isn't going to work. There may be some options available to you, but those are things you need to sit down and discuss with who ever you decide to hire to represent you.... Read More

The potential charge there is for improper photography. If you were in handcuffs and in the back of a patrol car and you were being questioned, you were under what is referred to as "custodial arrest." In that situation, any responses you gave to direct questions should be inadmissible.  They probably didn't take you to the station at that point because they lacked probable cause to make an arrest, at that point.  Yes, they can still arrest you, if they are able to develop more facts that would add up to probable cause. So, don't help them. If they come to your house and ask for your permission, or "consent," to search, you can (and probably should) say no. If they call and ask you to come in and talk to them you can (and most definitely should) say no.  If they get a search warrant, you'll have no choice but to allow them wherever the warrant gives them permission to go. But, you don't have to help them.... Read More

At 15, the law says you cannot give legal consent. In other words, even if you both thought it was consensual, it wasn't, at least in the eyes of the law. Emancipating won't have any effect on his arrest and prosecution, either. The only real issues in that case are (a) can the State prove intercourse; and (b) were you able to give legal consent (17 or older). ... Read More

No that won't help. Too much difference in age causes huge problems so if you have sexual relations with him he can be charged with statutory rape and he will have no defense and a lifetime of reporting as a sex offender. You have two choices: wait till you are 18 or file a petition to be declared an adult. Check with a family law attorney to explore the possibilities of the petition in your jurisdiction. Be careful even if you do not have sex as your boyfriend may face a charge of contributing to the delinquency of a minor if your parents object to the relationship.... Read More

This is almost certainly going to end in your son's arrest. Typically, the steps are these: The girl will be told to go in for what's called a SANE exam. She'll be told to set up what's called a forensic examination at the equivalent (depending where this is) of the Child Assessment Center. She'll be questioned in such a way that there is no question of sexual abuse. The CAC will contact law enforcement. A warrant for his arrest will issue. It won't matter a bit if they find no medical evidence to support the allegations. Do not, under any circumstances, have your son talk to the police, CPS, the CAC, or any other government crony. To protect him you need to hire an attorney. A thorough investigation into these allegations may reveal the truth behind them.  The burden the cops must have to arrest your son is Probable Cause. Much more than that (Beyond a Reasonable Doubt) is needed in order to convict him. ... Read More

The difference in age would not be an issue, in Texas. The "young man" is old enough to give legal consent. However, if what the young man is claiming is that the 44 y/o went down on him, and he didn't want him to, and that fact was known to the 44 y/o, then the 44 y/o could theoretically be charged with sexual assault.... Read More