Its been 6 mnths since the act....can we still convict him for sexual assault this late even though she says she was willing?

Asked almost 2 years ago - San Antonio, TX

A 25 yr old had sex with my 16 yr old at the time. we never reported it & we have no evidence of it happening and my 16 yr old was saying" We're in love"... now 17 she says she wants to be with him because of ''Texas legal age of consent''. we've known him for 3 years and hes a good helpful guy, we never expected this to happen. but what he and she did is wrong. now i dont know what to do or what is gonna happen. we need answers please..

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Well, you can't convict him of anything. You can file a police report. It will be a difficult case for the State to make if they both deny any sexual activity before she turned 17 and there is no independent evidence of it. Please be aware that if you file a report and he gets charged with this offense, it is the kind of offense that will ruin the rest of his life.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Scott Douglas Marquardt

    Contributor Level 14

    4

    Lawyers agree

    Answered . Ms. Jaggers is absolutely correct. You can only file a police report and accusations like this will ruin a person's life.

  3. Evan Edward Pierce-Jones

    Contributor Level 18

    3

    Lawyers agree

    Answered . Those who are aware of crimes are at liberty to report that to the authorities. Sometimes they are obligated to do so under the law.

    However, whether a person who is nominated for the role of defendant will be convicted depends on the strength of the evidence.

    Whether the case even goes forward depends on the decisions of the prosecutor and if he or she decides to present the case to the grand jury, then the choice of the grand jury whether to issue an indictment.

    More to the point, your daughter is still a child at 17. You get to say who she associates with.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Carmine John Giardino

    Contributor Level 14

    2

    Lawyers agree

    Answered . You should have put an end to this a long time ago. What did you think was going to happen by letting your 16 year old daughter date a 25 year old man? It seems like you would have been ok with everything had they waited 6 months, but now you want to ruin the rest of his life. This is not really a legal question

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and... more

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