i am a 16 yr old girl and my bday is march 23rd and my boyfirend and he father of my one month old daughter is 17 andf will be 18 on november 25th we have been together for 11 and a half months is it statutory rape when he turns 18 can my dd really call the law on him please help me
1 Answer from Attorneys
Yes, your dad like any other person is free and can call the law on him if they want to, but he will not be convicted of any crime because of the affirmative defense provisions in the Texas Penal Code.
It is statutory rape under section 22.011(a)((2) of the Texas Penal code, BUT your baby's father have a legal defense under Section 22.011(e)(1) and (2) of the Penal Code, since both of you are in agreement to sleep together.
The relevant section, 22.011(a)((2) which prohibit having sex with a child, and section 22.011(c)((1) defined a child as a person younger that 17 years.
Affirmative defense is in section 22.011(e), which states"It is a defense to prosecution under Subsection 22.011(a)((2) that:
(1) that the actor was not more than three years older than the victim and at the time of the offense:
(B) the victim wa a child of 14 yars of age or older.
You are older than 14 yrs and the age difference between you and him is one year, so your Dad is out of luck if he option is to seek legal redress.
It will be better if all of you will work together as a team in the interest of the baby/family unity.
The baby is there for the family.