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My son is 17 attempted to have sex with a 14 year old girl. She will be 15 in August he will be 18 in December.

Fort Worth, TX |
Filed under: Sex crimes

Can they press charges in Texas?

Attorney Answers 3



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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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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.

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