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?
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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 7 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.
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