Can they press charges in Texas?
Personal Injury Lawyer
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
DUI / DWI Attorney
Yes. If he is contacted by law enforcement he should not make any statements. They are not "just trying to clear this up" and are not his friends. He should request an attorney and say nothing else. He should then hire a defense attorney immediately.
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Criminal Defense Attorney
My, what a helpful answer--from a New Jersey attorney, no less. Kind of reminds you of the old Pace commercial, doesn't it?
Somehow, my guess is that the gentleman in question knows litle to nothing about Texas criminal law. But hey, it's just a guess. As Texas law reads, unless the sexual activity was not consensual (or unless the girl now claims it wasn't), your son would have an affirmative defense to a charge of sexual assault of a child. The defense is based simply on the fact that she was at least 14 at the time the event occurred and he was no more than 3 years older than she was. It's possible that he might get charged, but pretty unlikely, given that the defense is so clear cut and that there would be no real point in taking it to trial. However, if there's more to it, and she claims she wasn't willing, that defense becomes irrelevant. Also, please be aware that at 17, he is legally an adult for criminal purposes, and would not be handled within the juvenile system.