When we imagine typical high school relationships, we often think of excited young couples going to football games, dances, or movies together. However, if one or both members of the couple are under Texas’s age of consent (17), these relationships can sometimes lead to statutory rape charges.
Fortunately, Texas has Romeo and Juliet laws intended to protect consensual couples who are close in age from the harshest legal punishments. But what exactly are these laws, who do they protect, and what should you do if find yourself or a loved one facing related charges? Let’s break it down.
Understanding Romeo and Juliet Laws
Across the United States, statutory rape laws make it illegal for an adult to have sex with a minor under the age of consent. Most states have an age range of 16 to 18 for consent. Statutory rape laws are designed to protect minors from sexual exploitation by adults. However, these laws can sometimes result in the unfair prosecution of teenagers in consensual relationships with young adults close in their age.
To remedy this, many states have enacted so-called “Romeo and Juliet” laws. These laws provide defenses or exemptions to statutory rape charges involving minors and young adults within a few years of age. The intent behind Romeo and Juliet laws is to avoid punishing older minors and young adults who engage in consensual sexual activity with their peers.
What is the Age of Consent in Texas?
In Texas, the age of consent is 17 years old. This means anyone under 17 cannot legally consent to sexual activity. If an adult engages in sexual contact with someone under 17, they can face criminal charges for statutory rape, even if the minor consented.
Statutory rape laws aim to protect minors from sexual exploitation by adults. But sometimes these laws can unfairly target consensual relationships between an older minor or young adult and their teenage peer. This is where Romeo and Juliet laws come in.
How Do Romeo and Juliet Laws Work in Texas?
The “Romeo and Juliet” Law in Texas
Texas has a Romeo and Juliet law on the books located in Section 22.011 of the Texas Penal Code. Officially called an “affirmative defense,” the law provides an exemption to prosecution for statutory rape in certain situations.
The Romeo and Juliet law in Texas applies when:
- Both parties are at least 14 years of age
- There is no more than a 3-year age difference between them
- The sexual contact was consensual
For example, an 18-year-old engaging in consensual sexual activity with a 16-year-old would fall under the protection of Texas’ Romeo and Juliet law.
The law also provides an affirmative defense against charges like indecency with a child when the circumstances meet those requirements. Essentially, it aims to exempt consensual teenage relationships from unfair prosecution under statutory rape or indecency with a child laws.
Limitations of the Romeo and Juliet Law in Texas
However, the Romeo and Juliet law in Texas has some key limitations. First, it does not make the accused immune from prosecution for other sex crimes lacking consent. For instance, an adult could still face prosecution for sexual assault against a minor under 17.
Second, the law does not apply if the adult was in a position of authority over the minor, such as a teacher, coach, or clergy member.
The law also provides no protection from prosecution if there is more than a 3-year age gap. And it does not apply if one party is under the age of 14.
Purpose of the Romeo and Juliet Law in Texas
The Romeo and Juliet law in Texas reflects the view most Texans hold regarding teenage relationships versus sexual exploitation of minors.
On one hand, the majority agree that adults who engage in sexual activity with minors under 17 should face prosecution. Statutory rape laws aim to protect youth from predatory older individuals.
On the other hand, most Texans also believe consensual teenage relationships with young adults close in age should not lead to sex crime charges or sex offender registration.
The Romeo and Juliet law balances these perspectives. It exempts teenage couples like a 17-year-old and an 18-year-old from harsh prosecution under statutory rape laws designed for adults. At the same time, the law preserves protections for minors from sexual abuse by much older adults.
Why a Criminal Defense Lawyer is Crucial
Given its limitations, the Romeo and Juliet law does not provide a blanket exemption from prosecution for statutory rape or indecency with a minor. That’s why it’s so important to consult an experienced Texas criminal defense attorney if you’re facing accusations, even if you believe the Romeo and Juliet law protects you.
Here are some key reasons why:
- An attorney can evaluate the specifics of your case to determine if the law truly applies. For instance, they can verify the ages involved and confirm consent.
- They can identify any other charges you may face beyond statutory rape, such as sexual assault, that are unaffected by the Romeo and Juliet law.
- An attorney can present the affirmative defense provided by the Romeo and Juliet law and argue for its application to your case.
- They can advise you on the best defense strategy and work to get charges reduced or dismissed where possible.
Without proper legal advice, you risk overlooking important factors about how the Romeo and Juliet law applies and how prosecutors may still pursue your case. Before making any statements or accepting a plea deal, be sure to consult a federal criminal defense lawyer.
Protecting Today’s Romeos and Juliet
Romeo and Juliet laws like the one in Texas aim to provide defenses against statutory rape charges for consensual sexual relationships between teens and young adults close in age. However, these laws have limitations and do not provide blanket protection from prosecution.
That’s why it’s essential to involve an experienced criminal defense lawyer if you’re accused of a sex crime against a minor. An attorney can assess whether the Romeo and Juliet law applies to your specific circumstances. They can also identify other potential charges you face and craft an effective defense to achieve the best possible outcome.
Don’t leave your future up to chance. Contact a dedicated defense lawyer like Whalen Law Office in Frisco, TX to discuss your case in a free consultation today.