Assault & Battery hes 22 and im 15

[Proserpina]

Legally, in Texas, it's not wrong.

(That's really only the point I'm trying to make)

 

[army judge]

Legally, in Texas, it's not wrong.

(That's really only the point I'm trying to make)

No, it isn't wrong, it is illegal.

Yes, yes, yes, I know all that stuff about the "Romeo/Juliet" exception.

It has continuously been misinterpreted.

As, are most laws.

That is how many people find themselves defending a criminal charge.

The three year age difference is merely an "affirmative defense".

Here's one example:

§21.11 – Indecency With a Child (Under 17 years of age)

A person commits an offense if, with a child not his spouse, he:
1. Engages in sexual contact with the child, OR
2. Causes the child to engage in sexual contact, OR
3. Exposes himself to the child with intent to arouse or gratify any person, OR
4. Causes the child to expose with intent to arouse or gratify any person.

It is an affirmative defense to prosecution that the actor:
1. Is not more than three years older than the victim, AND
2. Is of the opposite sex, AND
3. Did not use force, threat of force, or duress against victim, AND
4. Was not required to register for life as a sex offender.

Offenses 1 and 2 are second-degree felonies; offenses 3 and 4 are third-degree felonies.
Third-degree felony: No more than 10 years or less than 2 years.

Affirmative defenses, as the name implies, do not mean you can't be arrested and tried.

To assert an "affirmative defense" you must do so at trial.

You don't do at the time of arrest.

Ultimately that means you are arrested and standing before the bar!

What is an affirmative defense?

affirmative defense (noun) when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called "affirmative defenses." These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the "boilerplate" (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

Effectively, "affirmative defenses" do not mean you can walk away without being arrested, charged, or being indicted.

In some counties in Texas, trust me, you have sex with a child/minor (not your spouse), and you will be charged!
You will be arrested.
You will be indicted.
You could assert the defense and maybe walk.
But, you could forever end up being tagged a "sexual offender"!

Heck, in some parts of Texas, you could also end up with bullet holes in your carcass.




http://www.texassexcrimedefense.com/PracticeAreas/Texas-Sex-Crimes-Law.asp#indecency

 

[Proserpina]

You didn't read my link, did you?

The law has changed in Texas - as of THIS SUMMER.

 

[army judge]

You didn't read my link, did you?

The law has changed in Texas - as of THIS SUMMER.

Of course I read your link, Proserpina.

I also read it on my West Law and LexisNexis feed.

I've also read the legislative history on the law's creation.

 

[Proserpina]

Hence the use of your Big Red Font, I suppose?

Understood.

Wink.

 

[army judge]

Hence the use of your Big Red Font, I suppose?

Understood.

Wink.

Big red font, in the immortal words of tv's Urkel, "Did I do that?" :dunno:

I wouldn't want anyone THINKING about having SEX with a minor (not their spouse) to get in legal hot water.

Note also, the "exception" doesn't alleviate those adults of the same sex as the minor.

In fact, should that behavior be engaged in, the statute is silent about that!

It wasn't too long ago in Texas, where sodomy could get both participants arrested on a felony.

 

[mightymoose]

Sigh.

Child rapist isn't quite accurate.

Pedophile may be more accurate.

 

[Proserpina]

Pedophile may be more accurate.

Pedophile is also incorrect.

But I believe you already know that.

 

[army judge]

Pedophile is also incorrect.

But I believe you already know that.

Why don't we all agree that none of us would want a 19 year old man or woman having ANY contact with our 15 year old son or daughter?

It doesn't matter what we call the 19 year old man or woman, I don't think any of us would want that adult hanging out with our 15 year old child.

I know I wouldn't.

I also know I wouldn't want a 22 year old man or woman hanging around my 15 year old child.

Call the 22 year old Mr., Doctor, Judge, or Miss; it wouldn't matter.

I would not want an adult "hanging" around my child!

 

[jordyn]

venus hun.... im 16 with a 19 year old and i am having a baby in 2 months u do not want this we r being forced to get married so he doesnt go to jail.

 

[shrinkmaster]

Marriage will not protect him from the law

 

[Proserpina]

Unfortunately in most states it renders the legal issue moot.