The Campaign For DA

6.18.2014

New Opinion This Morning


In the area of statutory rape in Texas (sexual contact with someone under 17 years of age*), it is no defense that the "victim" represented herself as being 17 years old or older. And the fact that the defendant truly believed she was 17 years old or older does not matter.

The case was a constitutional challenge which criminal practitioners had been waiting on. The opinion, that is. Not the result.

But the case is noteworthy because I've never seen "jailbait" and "16 will get you 20" in an appellate opinion before.
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*Most people think the law pertains to victims under 18 years of age. Nope. Under 17 is the law.