can a statutory rape charge be dropped if the mother of the 16-year old girl lets them get married?

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can a statutory rape charge be dropped if the mother of the 16-year old girl lets them get married?

Asked on April 22, 2009 under Criminal Law, Texas

Answers:

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

Answered 13 years ago | Contributor

I would need more information to determine exactly.  Based on the limited facts presented I can tell you that the age of consent in Texas is 17.  This means any sexual contact from a person 17 or over with a person under 17, it is statutory rape.  However, the law allows for a certain number of years between the two.  In Texas law, this gap is 3 years.  This means a person who is 16 can legally have sex with a person as old as 19. At 5.5 years apart, unless she is 17 years old, it does not look like there is any way out of statutory rape.  Even if you get married, that does not erase the fact that the crime was still committed (ie any they had sex before they were married).

I think there is no question but that you should consult with a criminal attorney about this.  If you need help in finding a one go to www.AttorneyPages.com .  You could also try the Public Defender's office in your jurisdiction.


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