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How long does someone have to report a rape?

Huntsville, TX |

A 19 year old girl and a 16 year old boy are dating and the boy's mother does not completely agree with this. I was wondering if the mother lies and says that she raped him, how long does she have to report the "rape".

Attorney Answers 3

Posted

Depending on when the relations started different timelines can be at issue. I believe the individual has six years after their 18th birthday to report the offense.

However, there is an affirmative defense of downward dating if the individuals involved in the sexual relations are within three years of age of one another.

If this does rear its ugly head feel free to contact me because sex crimes are very delicate cases that a lot of lawyers don't know how to properly handle.
Sincerely,

Erick Platten

Platten Law Office
903-593-9100 Office

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Asker

Posted

If the mother of the boy were to go ahead and press charges against the girl, how likely is it that she would be successful? The 16 year old boy is more than double the girl's weight, if this helps. And are you saying that because they are not more than 3 years apart, the girl cannot be charged with anything?

Posted

In a technical sense, that would be "sexual assault." The girl would have an affirmative defense since they are not more than 3 apart in age. Any reasonable person would have to question the motives of the mother as well. It is almost inconceivable that a teenage girl could "rape" a 16 year old boy. There is a point where the prosecutor and the police would not waste their time on a ridiculous allegation.

This of course assumes the sex was with physical consent.

The mother would have to be a real witch to force two teenagers into the criminal justice system for doing what teenagers do. It sounds like the mother has a personal conflict with the girl and wants to use the system to attack her. If that is the case, that is pathetic.

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Asker

Posted

If the mother of the boy were to go ahead and press charges against the girl, how likely is it that she would be successful? The 16 year old boy is more than double the girl's weight, if this helps. And does she have to have any type of proof? Or would her side automatically be taken because she is the parent of a minor?

Jim Mitchell Medley

Jim Mitchell Medley

Posted

The boy would have to provide the evidence himself eventually. The mother cannot testify unless she saw it with her own eyes. I have trouble imagining an officer even taking a report on those circumstances.

Stephen Neil Foster

Stephen Neil Foster

Posted

I have seen it happen.

Asker

Posted

Ok, so basically it just depends on what the officer's decision is. And if he were to decide to take the report, then would the decision be left up to the judge?

Asker

Posted

To Stephen Foster, you've seen a mother win a case like this? Or were there a few details that were different?

Stephen Neil Foster

Stephen Neil Foster

Posted

I have. Its not really "the mother winning" because technically it is the State of Texas' case. However, yes. I have. I have seen elsewhere in this question that the age difference is less than 3 years, in which case there is nothing that will be done.

Asker

Posted

Is it a for sure fact that nothing will be done because the age difference is less than 3 years, or just most likely nothing will be done?

Jim Mitchell Medley

Jim Mitchell Medley

Posted

The charge can be filed. The girl would have an affirmative defense. She would have to prove this in court though. But if the prosecutor knows this affirmative defense is in the evidence of the case, it would make no sense for them to even initiate charges. "most likely not" is the best answer.

Posted

If there is more than 3 years difference between the two, any sex (consentual or not) is punishable by up to 20 years in prison.

The 19 year old would be wise to stay away from the 16 year old with the upset mother.

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Asker

Posted

Since there is only a 2 year and 5 month difference between the two, can there be no legal action AT ALL taken?

Jim Mitchell Medley

Jim Mitchell Medley

Posted

Legal action can be taken. An affirmative defense has to be proven by the defendant. It is just a waste of time for the prosecution if they know up front that this defense is available.

Asker

Posted

Who would be the defendant in this example? Sorry, I don't know much about the law but thank you for helping me understand.

Stephen Neil Foster

Stephen Neil Foster

Posted

With less than 3 years difference, I am pretty sure that no District Attorney's office in Texas would bother. Certainly not any in a large or medium sized county. The Defendant would be the one having sex with a child.

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