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Is it rape for a 17 year old to have consensual sex with A 15 year old in TX?

Houston, TX |

Could the 3 year age defense be used here?
A person who has committed any of the acts outlined above has positive grounds for a defense if that
person is less than three years older than the victim, the victim is over 14 years of age, and no force
was threatened or employed against the victim.

Attorney Answers 3

  1. Please note that this answer does not create an attorney-client privilege.

    It is not against the law in Texas for two minors to have sexual relations. The three-year rule, the so-called "Romeo and Juliet statute", applies in a case in which one party is a minor and the paramour is an adult. As long as there is less than a three year difference in ages, it does not quality as statutory rape.

    I must warn you, however, that regardless of the age of the participants, consent is always an issue. It doesn't take an act of violence or the threat of violence to make the act non-consensual. Any kind of pressure placed on the other party could be considered coercion.

  2. I agree with Mr. Kennedy. If a 17 year old and a 15 year old have consensual sex, there should not be a criminal charge to worry about. If the act is not consensual, then there would likely be some criminal liability.

  3. Make sure the sex was actually consensual. Physical force is not required for the act to be non-consensual.