In the state of Texas, is it legal for a 15 year old and a 17 year old to consent to sex without the chance of the older person getting arrested for statutory rape?

I am 15 and pregnant and my boyfriend
is worried that once he tells his
father, his father is going to get him
arrested for statutory rape. In the
state of Texas, is it legal for a 15
year old and a 17 year old to consent
to sex without the chance of the older
person getting arrested for statutory
rape?

Asked on April 27, 2017 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In TX, "statutory rape" is defined as sexual activity between an adult (i.e. a person who is aged 18 or older) and a person who is younger than 17 years of age. Under the law, this kind of sexual activity is illegal even if both parties give their consent to engage in sexual activity, since the assumption is that minors are incapable of giving informed consent to sexual activities. That having been said, since you are both minors and there is less then a 3 year age gap, statutory rape charges cannot be filed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.