Husband please guilty to sex with a minor – he was 18, she was 16 and it was ‘consensual.’ Now that they’re adults, can it be expunged from record if she comes forward and says it was consensual?

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Husband please guilty to sex with a minor – he was 18, she was 16 and it was ‘consensual.’ Now that they’re adults, can it be expunged from record if she comes forward and says it was consensual?

My husband was 18 and the girl was 16 in Texas – although he did not know her
age at the time. They were at a party and were drunk and had sex. When he
dropped her off at home, her parents filed charges. Now that they are BOTH
adults, if she comes forward and says it was consensual etc. can it be expunged
from his record? Can the charge be reversed? Can anything be done?

Asked on November 23, 2016 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Many sexual offenses, including what's commonly called "statutory rape"--sex with an underaged person--can NOT be expunged; you need to consult with a criminal law attorney about the specifics of the crime your husband pled to (i.e. exactly which one--there are several it could have been) to see if he is eligible.
Her consent is irrelevant--somone 16 is held to be legally *incapable* of consenting to sex by reason of her age. A 16-year old cannot legally consent to sex with an 18 year old.


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