Legal Question in Criminal Law in Texas

my boyfriend slept with a girl who cliamed to be 18 and now that she is pregnant her mom filed charges against him and 5 other men because she is 16. she had told me before she was 18 and graduating this year. what can we do about this situation. All the other men said she told them the same thing and she was out all times of night wit some of these men so they believed her.what should we do?

Asked on 10/05/11, 12:05 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

In Texas, the age at which a person can consent to sexual contact or intercourse is 17 - no exceptions. It is a defense to prosecution that the two who engage in sexual conduct are within 3 years of age of each other (and not one day longer.) So, if the girl was 16 and your bf less than 19, he will not lilkely be charged regardless of what her mom wants to happen.

It does not matter if she lied, if she showed a fake identification, that she had her mother's permission, that she has slept with 100 boys, that she previously had a child, that she was previously married, etc. - it is a STRICT liability crime meaning that if it happens, then the perpetrator can be convicted no matter what.

However, if your bf is charged, he needs to hire a good lawyer who can possibly get him no-billed by a grand jury by presenting the evidence you mention (and possibly more). This evidence may not be admissible or relevant in a trial on the merits but many times this kind of evidence is used by grand juries when they decide whether to no-bill or true-bill.

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Answered on 10/05/11, 1:45 pm

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