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My name is Brooke I'm 15 and my boyfriends 21. We haven't had sex or anything like that. What could he be possibly charged with?

Round Rock, TX |

So on the 15 of July me and my boyfriend were caught at my house hanging out, my mom and dad called the cops. They've done a Sane exam and everything including taking my bed, clothing, and other items they felt were "involved" in the case.
What charges could he be looking at for this, and besides waiting till I am 17 to see him again what other ways could I be with him. We've been going steady for 6 months and I really care for him. I was raped when I was younger so I know the difference and their still trying to say because he's 21 he was "mistreating" me and refuse to look at our relationship and what it involved. They only keep looking at our ages . All the police say I am very mature for my age but try to make me sound like a child when ever we talk about my relationship Whats next?.

Attorney Answers 3

Posted

He's probably not going to be charged with much for just "hanging" out with nothing more.

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Posted

If there is no evidence that you are being intimate with your boyfriend, then there will be no problem. If you can hold on a couple of years, and you are still together, your parents can give their consent for you to marry, but based on your facts, I'm guessing they are not to keen on doing that. Other options include emancipation and a court order allowing you to marry, but here again, facts don't indicate this being favorable.

Statutory Rape is not forcible rape. It is based on the law only. And that law says that if he has sex with you, he is guilty. Period. There are no excuses. He will likely go to jail. And the two of you can smile at each other through a glass panel. Both of you should keep this in mind as you continue to see each other.

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Asker

Posted

Thank you Wayne for replying. So to ask a further question, how would one go about getting a court order allowing me to marry him. And when would that be an option (age) Also if I were to get emancipated would that allow me to be with him or am I still not considered an "adult" in that aspect?

Wayne Allen Fowler

Wayne Allen Fowler

Posted

Although these other options for you may sound exciting, the reality is that it is not likely to happen. For example, one way to become emancipated through the court is to marry. The catch-22 here is that since you are under 18, you still require parental consent, and you know how that is going to work out. Emancipation in general is only approved in three instances: 1) military service, 2) demonstrated financial independence, and 3) marriage. You couldn't go into the military until you were 17, again with parental consent, we've discussed the marriage possibility, so only the financial independence is a possibility. But even here, many times the situation is that the parents have kicked the child (and yes, that is what the law says you are) out of the house and they have been living on their own to survive. These persons require emancipation in order to inter into contracts. This does not include a 15 year old girl who feels her parents just don't understand the wonderful relationship she shares with her adult boyfriend (and you may very well have that wonderful relationship). Ultimately a court will make its rulings based on the best interest of the child and they will likely side with your parents rather than you or your boyfriend at this point.

Posted

Under Texas law, a person cannot consent to sexual activity until age 17. If you have had any sexual contact with your boyfriend, he can be charged with a second or third degree felony, and consent is not a defense. Texas law also contains a "Romeo and Juliet" provision that provides an affirmative defense if the parties are within three years of each other age wise. You can read more about the types of offenses in Section 22.011 of the Texas Penal Code.

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Posted

So again to clarify. When I am 17, my parents no longer have a say on our relationship, and neither does the police. I am allowed to see him, talk to him, and if i choose so be sexually active with him. Also after the charges and other issues are closed are we allowed to talk or is that no longer an option because of the previous relationship?

Marjorie Irene Bachman

Marjorie Irene Bachman

Posted

All I can say is that 17 is the legal age of consent. I'm unclear if he has already been charged. If he has been, most judges will require no contact with you as a condition of bond.

Asker

Posted

At the moment no charges have been filed, were still doing DNA testing from the SANE exam, and going threw all the electronics from both parties. Nothing has come up yet and the officer said the case will probably end soon, but my parents are trying to get a conviction of it for our "relationship"

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