How Long Can You Go to Jail for if Convicted of Statutory Rape?

Statutory rape crimes are felony offenses. There are varying degrees of punishment that you can face, and these depend on the grade of the felony you are charged. If you are accused of a statutory rape conviction, you may face between 2 to 99 years of prison time. The fines can cost you up to $10,000, and you may also become a lifetime registered sex offender.

What to Do if Facing Statutory Rape Charges

If you are facing statutory rape charges resulting from a sexual encounter with a minor, you need to reach out to an experienced attorney immediately who can help you with defense strategies. There may be exemptions from prosecution if you are no more than three years older than your younger partner- commonly called the Romeo and Juliet exemption.

What are the Sex Crimes associated with Statutory Rape?

Statutory rape encompasses the following crimes: aggravated sexual assault that involves sexual penetration (however slight) between a minor younger than 14 years old and a defendant of any age. Sexual assault involves sexual penetration between a minor younger than 17 but older than 14, and a defendant who is three or more years older than the victim. Indecency with a child involves sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor younger than 17 and a defendant who is three or more years older than the victim.

Texas Statutory Rape Attorneys

Q: What Is the Statutory Rape Law?

While ‘rape’ is defined by non-consensual sex, statutory rape occurs when two people have consensual sex but one of the sexual partners is under the age of 17. nUnder Texas law, an age gap of no more than three years is an affirmative defense if the younger partner is not younger than 14. It is also a defense if the two partners who engage in sexual activity are spouses in a legally binding marriage. In that case, they may be exempt from any criminal charges even if one partner is legally a minor.

Q: Statutory Rape vs. Rape: What’s the Difference?

Statutory rape is when an adult, someone 17 or older, has sexual relations with a minor, someone younger than 17. It may not matter that sex between the two individuals is consensual. Consensual sex is when both partners agree or consent to having sexual relations. nnWhen people refer to “rape”, they most often mean sexual assault. This encompasses a wide range of sex crimes but is most charged when one partner forces the other to have sexual relations.

In Texas, statutory rape (or sexual assault of a child as it is generally prosecuted) is any sexual activity between an adult (17 or older) and a minor (younger than 17 years of age). Such activity is generally illegal even if both parties consented, and if you’re convicted, the criminal and social penalties can be intense. They include expensive fines, long prison sentences, and sex offender registration.

If you’ve been accused of this type of sex offense, legal representation is critical. At Hunter, Lane & Jampala PLLC, our criminal defense attorneys have extensive experience handling statutory rape accusations and sex crimes involving minors. We understand that these allegations can be devastating to a person’s life, career, and family, so if you’re facing statutory rape criminal charges in Bexar County, you should reach out to our sex crimes lawyers.

Why Hire Us as Your Texas Statutory Rape Attorneys?

Statutory rape charges can change your life: even allegations can do severe damage. That’s why it’s so important to get an experienced criminal defense team on your side at the onset. At Hunter, Lane & Jampala, we’ve protected the rights of many clients accused of sex crimes in San Antonio and across Texas. When you hire our law firm, you benefit from:

Demonstrated Success in High-Stakes Trials: We’ve earned a reputation for thorough trial preparation and results-driven litigation. Prosecutors recognize that our Texas statutory rape attorneys come prepared to litigate, which may lead to more favorable results.
Thorough Defense Representation: We identify where the prosecution has overreached or relied on weak arguments, and build defenses supported by relevant case law, evidentiary rules, and constitutional protections.
Collaborative Representation: When you retain our firm, you benefit from the combined insight of three trial attorneys. We conduct joint case reviews and strategy sessions, which lets us examine your case from multiple angles and uncover arguments that may be missed in a solo practice.
Skilled Cross-Examination: Statutory rape cases depend heavily on testimony. We prepare extensively for hearings and trial by examining prior statements, identifying inconsistencies, and developing impactful questions. Our goal is to challenge witness credibility without relying on theatrics.
Established Experience with Sex Offense Allegations: Our criminal defense team is familiar with the investigative practices used in sex-related cases. We approach each allegation with the seriousness it demands and treat our clients with respect and discretion at all stages of the case.
Careful Evidence Evaluation: We examine every element of the prosecution’s case. That includes witness statements, forensic findings, digital records, and law enforcement conduct. When evidence is flawed, improperly obtained, or lacks foundation, we pursue appropriate motions to suppress or exclude it before trial. We also bring in independent experts when needed to challenge unreliable claims.

Age of Consent in Texas

In Texas, the legal age of consent is 17. That means a person who is 17 or older can legally agree to sexual activity with another person. If someone is under that age, the law regards them as being unable to give legal consent, even if they agree to the activity willingly.

What that means is that If you’re 18 or older and engage in sexual conduct with someone younger than 17, you could be charged with a felony. This is the case even if there’s no force, coercion, or threat involved. Prosecutors can move forward with charges based on age alone, regardless of the nature of the relationship or whether the younger person initiated the contact.

What Is the Statutory Rape Law?

While “rape” is defined by non-consensual sex, sexual assault of a child occurs when two people have consensual sex but one of the sexual partners is under the age of 17. This condition, which applies to both heterosexual and same-sex conduct, remains in effect even if the younger person looked older or openly lied about their age. Courts generally don’t treat a mistake about age as a defense, which makes these cases especially risky for defendants.

If you’re being investigated for sexual assault of a child, call a criminal defense lawyer right away. Facing the charges alone is too risky: if convicted, you may face prison time, mandatory registration as a sex offender, and long-term restrictions. An experienced attorney is your best chance of getting a fair result.

Aggravated Sexual Assault

Under Penal Code § 22.021, aggravated sexual assault in Texas occurs when someone commits a sexual assault with an aggravating factor involved. You trigger aggravated status if you do any of the following:

Use a deadly weapon
Cause serious bodily injury
Threaten trafficking, kidnapping, or death
Administer a substance to impair the victim,
Act with another person
Target a victim who is under 14, elderly, or disabled

The state treats aggravated sexual assault as a first-degree felony. If you assault a child under six or combine child victim status with threats or weapon use, the law sets a minimum of twenty‑five years behind bars before parole eligibility 

Sexual Assault

Sexual assault is defined in Penal Code § 22.011. It happens when someone intentionally or knowingly engages in sexual activity without the other person’s consent. This includes any form of penetration (oral, anal, or vaginal) carried out without clear, voluntary agreement. It also applies when the actor knows the other person is unaware that the assault is occurring. Texas law also treats sexual activity with anyone under the age of 17 as non-consensual, even if the minor agrees, because minors can’t legally give consent.

Indecency With a Child

In Texas, “indecency with a child” appears in Texas Penal Code § 21.11. It covers two separate offenses involving a person under 17. The first involves sexual contact, which means any touching done intentionally to arouse or gratify sexual desire. The second type is exposure, where someone exposes their genitals or anus in the presence of a child to arouse or gratify sexual desire (or causes the child to do the same) while aware that the child is present. Either offense applies regardless of whether the actor knew the child’s age.

Statutory Rape Penalties

Most statutory rape crimes are felony offenses. There are varying degrees of punishment that you can face, and they depend on the grade of the felony with which you are charged.

First-Degree Felony: If you’re convicted of a first-degree felony like aggravated sexual assault, you could go to prison for a maximum of 99 years as well as pay a fine of up to $10,000
Second-Degree Felony: Criminal penalties for a second-degree felony include sexual assault charges, up to 20 years in prison and a fine of up to $10,000.
Third-Degree Felony: Penalties for a third-degree felony include up to 10 years in prison and a fine of up to $10,000.

In cases of statutory rape or sex acts with minors, you may be required to register with the Texas Department of Public Safety’s sex offender registry database. Registering with the sex offender database can be for a limited amount of time or for life.

Defense Strategies for Statutory Rape Charges

The Texas Penal Code establishes affirmative defenses for various sex crimes. They include the marital exception and Romeo and Juliet exception.

The Romeo and Juliet Law: When Both Parties Are Minors

Texas recognizes a limited “Romeo & Juliet” (close-in-age) defense for some charges involving someone under 17. It isn’t limited to teens. The defense can apply when the younger person is at least 14, the other person is no more than three years older, and the older person isn’t a lifetime-registered sex offender and doesn’t have a prior reportable conviction under the same law. For example, a 14-year-old and a 17-year-old could qualify if those conditions are met. The defense is narrow and charge-specific, so it’s important to understand when it may apply.

This provision exists to recognize that close-in-age relationships are different from situations involving a much older adult. However, it does not apply in every case, and prosecutors may still pursue charges if the conditions are not fully met. Understanding how this defense works, and when it doesn’t, can make a major difference in the outcome of a case.

Marital Exemption

In Texas, the marital exception allows consensual sex between you and your spouse, even when one spouse is under the age of consent. You can marry at 16 or 17 with parental or guardian approval. When you are lawfully married at that age, the law treats sexual relations between you and your spouse as lawful. You must present your marriage license or other proof to qualify for this exception.

Mistake of Age is Not a Legal Defense

In Texas, you can’t use a mistaken belief about someone’s age as a defense in statutory rape or sexual assault cases. State law treats these offenses as strict liability crimes, meaning that the offender’s mental state (or lack of awareness about the victim’s age) does not change their legal responsibility. The statute also doesn’t require the prosecution to prove you knew the victim was under 17; they only must show the sexual act occurred and the partner was younger than 17.

Statute of Limitations on Statutory Rape

A statute of limitations sets a time limit for when a criminal charge can be filed. In Texas, most sexual assault cases involving adult victims carry a ten-year limitation period. However, that time limit may be tolled (or paused) if the offense isn’t reported during that period. Some offenses involving adult victims, such as aggravated sexual assault, may still be subject to a statute of limitations depending on situation

For offenses involving minors, the Code of Criminal Procedure Article 12.01 removes the limitation period entirely. This includes charges such as sexual assault of a child under 17, indecency with a child, and continuous or repeated sexual abuse of a child. These cases may be prosecuted at any time, regardless of how much time has passed since the alleged incident. In those cases, you can face charges decades after the alleged act, even if no report was made at the time.

How a Statutory Rape Defense Attorney Can Help

The stigma of being a convicted sex offender can be catastrophic to your personal life and hurt your family. You will likely find it very difficult to get a job, a house or apartment, and continuing education. Statutory rape penalties are also severe and can affect the rest of your life. An experienced San Antonio sex crimes lawyer can help reduce these penalties and defend your reputation and future.

Statutory Rape vs. Rape: What’s the Difference in Texas?

In Texas, both statutory rape and rape fall under the umbrella of sexual assault, but the key difference lies in consent.

In a rape case, the prosecution must show that you acted without the other person’s consent. That includes situations involving force, threats, coercion, or a victim legally or physically incapable of giving consent.
Statutory rape doesn’t require proof of force or victim resistance. If you engage in sexual activity with someone under the age of 17, Texas law treats it as a crime regardless of whether the younger person agreed.

What to Do if You’re Facing Statutory Rape Charges

If you are facing statutory rape charges resulting from a sexual encounter with a minor, you need to reach out to an experienced attorney immediately. In addition:

Don’t answer questions until you hire a Texas statutory rape attorney. Anything you say, even casually, can be used to support charges or discredit your defense. You are not required to explain yourself.
Gather text messages, call logs, emails, photographs, and any documents that may show the nature of the relationship or communications involved. Preserve any regular or digital evidence exactly as it is. Do not delete or alter anything, even if you believe it’s harmful: tampering may lead to new charges.
Inform your criminal defense lawyer if you were close in age or married. The Romeo and Juliet law applies only in limited situations where the parties are close in age and the younger party was at least 14. The marital exception may apply if the relationship was legally recognized at the time of the alleged sexual contact.
Do not contact the alleged victim. Even if you believe the situation was a misunderstanding, any direct communication may be interpreted as intimidation, witness tampering, or a violation of bond conditions. Let your statutory rape defense lawyer handle all contact related to the case.

Speak to a Texas Statutory Rape Attorney Now

If you believe you are under investigation or have already been charged with statutory rape or indecency with a child in San Antonio or Bexar County, act now. Hunter, Lane, & Jampala today. Our sex crime attorneys will get right to work protecting your rights, creating a compelling defense strategy, and fighting for a positive result. For more information or to schedule a consultation, call our criminal defense law firm at (212) 202-1076 today.