Statutory Rape Defense in McAllen

The Texas Charges Behind Statutory Rape Allegations

Statutory rape is a common search term, not the name of a current Texas Penal Code offense. Texas Penal Code Section 22.011 defines a child for sexual assault purposes as someone younger than 17. Texas Penal Code Section 21.11 addresses indecency with a child younger than 17, including sexual contact and certain exposure conduct.

Other allegations may be charged as aggravated sexual assault or continuous sexual abuse of a young child or disabled individual. Consent, the parties’ relationship, or the accused person’s understanding of age may not resolve the legal issue because each offense has distinct elements and defenses.

Close-in-Age Affirmative Defenses Under Texas Law

An affirmative defense may apply when specified facts are established, even if the prosecution alleges that the underlying conduct occurred. Exact ages on the alleged date are critical. Labels such as teenager or young adult aren’t precise enough for this analysis.

Texas Penal Code Section 22.011 provides an affirmative defense for certain sexual assault of a child allegations when the accused was no more than three years older, the younger person was at least 14, and additional statutory conditions are satisfied. Section 21.11 contains a separate defense involving age, relationship, force or threats, and sex-offender registration history.

Texas Code of Criminal Procedure Article 42.017 also addresses an age-based finding in certain Section 21.11 and Section 22.011 cases when the defendant was no more than four years older and the younger person was at least 15. This finding is distinct from the three-year affirmative defense and requires a separate legal analysis.

Felony Exposure & Sex-Offender Registration

The charge, alleged victim’s age, aggravating facts, prior record, and case posture determine the potential consequences. Aggravated sexual assault under Texas Penal Code Section 22.021 is a first-degree felony. Enhanced minimum imprisonment provisions apply to certain allegations involving younger children or specified conduct.

Offenses under Sections 21.11, 22.011, and 22.021 can also carry sex-offender registration consequences under Chapter 62 of the Texas Code of Criminal Procedure. The duration and requirements depend on the conviction, statutory classification, and applicable findings. A conviction may also affect housing, employment, education, and family relationships.

Evidence in an Age-Based Sex Crime Investigation

Digital evidence can be central to the disputed timeline and context. Relevant material may include messages, social media records, photographs, location data, device extractions, school or employment records, medical evidence, witness statements, and recorded interviews.

We can examine authorship, completeness, missing communications, altered records, conflicting accounts, and identification issues. The analysis should distinguish evidence of age or contact from evidence addressing each required element of the charged offense.

What to Do After Law Enforcement Contacts You

Your next steps depend on whether the case involves an initial inquiry, search warrant, arrest, bond proceeding, filed charge, or indictment.

Before discussing the allegation:

• Decline Voluntary Interviews: Don’t answer investigative questions without legal advice.
• Preserve Evidence: Keep relevant messages, accounts, photographs, and devices in their existing condition.
• Avoid Direct Contact: Don’t discuss the case with the complainant or potential witnesses without counsel’s guidance.
• Limit Public Statements: Don’t post details, explanations, or accusations on social media.
• Follow Court Conditions: Comply with bond terms, no-contact orders, and other judicial instructions.

Early legal involvement can address communications with investigators, evidence preservation, bond concerns, charging documents, and preparation for the next procedural stage.

Discuss the Allegation in a Confidential Case Review

An accused person or family member can contact us to explain the timeline, clarify whether an investigation or arrest has occurred, and discuss immediate concerns. With former state and federal prosecutorial experience, direct attorney involvement, and more than 15 years of criminal defense experience, we evaluate both how the prosecution may approach the case and where its evidence may fall short.

We offer free initial case reviews, virtual consultations, Spanish-language communication, and 24/7 availability.

Call (956) 594-5607 to speak with our team at Law Office of Rolando D. Cantu about your next step.