My husband is a registered sex offender for a ridiculous reason. Is there any way to get him off of having to register in Texas?

Asked over 5 years ago - Abilene, TX

My husband was 18 and had sex with a 15 year old. He was young and dumb himself and didn't think to ask her age assuming she was his age. The next day she called and wanted to hang out again and he showed no interest and her mother was furious and pressed the rape thing of course. My husband didn't have anyone to turn to, sat in jail and had a court appointed lawyer who could care less about any of it. He was screwed by the system. If he was 3 months younger or she was 3 months older this wouldn't have been illegal. He got 7 years probation, sat in therapy with real child molesters, paid money that we didn't have, etc... and this having to register crap is ruining our lives also!

Additional information

He finished his 7 yrs of probation in 04' and one of his last probation officers said if he got a lawyer since he is a no risk offender he could probably get off of having to register. So we've contacted a few lawyers after hearing that and no lawyers have heard of that or are interested in helping us out. Is it possible to get him off of the sex offender registry? I have kids that I have to protect from the judging of the public rather than protecting them from this "sex offender" that is their father. I'm all for punishing sex crimes, rapes, molestations etc... but he did NONE of those things! He should not be in the same catergory as someone who brutally raped a woman or a man who secretly molested his kids. I'm not saying he was right for having anything to do with this girl, but they were in the same age group. EightTEEN... he was a teenager himself. This was NOT a perverted act Mr. John M. Kaman. Seems like YOU sir are the one with the problem.

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

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    Answered . In general, unless the sexual act was with a child under 14 or was violent, the requirement to register ends 10 years after the completion of the deferred adjudication that your husband received as an adult. (The law varies based on the age of the complainant, the level of violence-if any, and if the defendant is a minor. In Texas, a defendant is an adult starting at age 17 for purposes of criminal cases.)

    It is sad that our laws are so strict because as you commented, 3 months difference in either of their ages could have prevented the charge assuming that the encounter was consensual. (In Texas, it is not a violation of the age of the c/w is within 3 years - to the day - of the defendant - as long as the act is consensual.)

    If your husband meets the 10 year time period (that is 10 years have passed since he completed probation), then he should talk with a lawyer about registration.


    Congratulations are in order to your husband for successful completion of such a difficult probation. The laws & enforcement make it almost impossible to successfully complete a probation because of the therapy requirements to admit a crime and polygraph requirements.

    I do sympathize & understand about the effect on you and your children. The laws affect more than just the defendant, as you have sadly had to deal with.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . There are statutory provisions pertaining to removal from the sex offender registry. Whether they will apply to your husband's case will need to be reviewed under the statute in effect in your State of residence to determine whether your husband is eligible to petition for this relief. The petition has to be filed (the relief is not automatic); and, given the public interest in these types of registrations, the petition will need to meet the applicable State's provisions for relief to have any chance of success.

    That being said, I suggest you check out the lawyers who practice criminal law in Texas who list here on Avvo.com, check out how they answer questions like these, pick out a few who have experience with these types of cases and call the ones that seem like a good fit for a consultation. Most will give you a phone consult (which is probably a good thing given the size of Texas).

    In the event that you do not find a suitable lawyer through Avvo, try the listings at Findlaw.com and Lawyers.com which are both very large marketing sites for lawyers (even if they are both paid directories, unlike Avvo.com). Good luck.

    DISCLAIMER
    This answer does not create an attorney-client relationship or constitute legal advice. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The laws of each State; and, the facts of each case are different, and it is therefore critical for you to consult with a lawyer admitted to practice law in your State before making any decisions on how to handle or dispose of your case.

  3. John M. Kaman

    Pro

    Contributor Level 20

    Answered . As long as you continue to think that there is nothing objectionable about an 18 year old man having sex with a 15 year old child you are going to have problems. You need to speak to a TX attorney about the possibility of being relieved of registration.

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