Is it possible to get a pardon for statutory rape after a certain amount of time?

Asked over 4 years ago - Irving, TX

My son was 18...seeing a girl who he thought was much older than she was...turns out she was not quite 14! She and a friend were having a contest to see how many boys they could sleep with...and she pursued my son. He was on probation for another offense and wound up serving 3 years for the sex offense. They charged him with aggravated sexual assault of a child but said they would reduce that charge if he accepted the three years...they never reduced the charge though. My son is now thirty...has a good job, wife and daughter. He went to work s soon as he got out and has gone by the rules...checking in if he moves to a new place, etc. You understand how difficult this can make life for someone.

Attorney answers (2)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . It is always possible to get a pardon for a conviction, but the chances are very, very slim that one will be granted. There have been several high profile cases in the news lately about otherwise consensual sexual relationships turning into felony convictions for unaware males and females. In Texas, it is an affirmative defense (and I'm not sure that this defense was available 12 years ago when your son's case was active) to sexual assault of a child (what we call statutory rape in Texas) if the defendant is less than 3 years older than the victim. However, that defense only applies to children 14 and older.

    Still, it may be possible to convince the Board of Pardons and Parole that your son's situation merits a pardon. Check out their website and perhaps consider calling a local attorney who handles pardons. Be warned, this can be an expensive process with a small chance of success. Good luck.

  2. Joseph K. Chancellor

    Contributor Level 13

    Answered . I agree with the other posting on this matter. I will add that pardons generally are endorsed when the defendant has done something extraordinary that should be given recognition. An example of this might be a defendant that acknowledged their crime, overcame certain obstacles, and then did some kind of social function that paid society back for that harm.

    There is also the Presidential Pardon that is available. Both situations will require a very strong presentation of the facts, and the circumstances that occured back in the day and what is happening now. I would be happy to discuss this more with you.

    This will be an expensive type of action and there is a strong chance of denial.

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