As disturbing as this might sound, I'm really wondering If a 17 year old young lady (in Texas) has sexual intercourse with a 49 year old man, can the 49 year old man be prosecuted (go to jail or more)? Thank you for your response.
2007-03-03 09:07:01 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
No. Not at 17.
2007-03-03 09:10:04 · answer #1 · answered by american horse 3 · 0⤊ 0⤋
No, he cannot be prosecuted for it.
In section 21.11 (Indecency with a Child ) of Texas Penal Code for Sexual Offenses it states:
(a) A person commits an offense if, with a child YOUNGER than 17 years and not the person's spouse, whether the child is of the same or opposite sex.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) Was not more than 3 years old than the victim of the opposite sex
(2) Did not use duress, force, or a threat against the victim at the time of the offense
If sexual intercourse took place before she turned 17 then yes he can be tried.
At the same time though, many who commit sexual offenses, if the sexual offense is not considered heinous by law, can be put on probation if they are adjudicated or deferred. They may also be put on straight probation and the felony (either 2nd or 3rd degree) will remain on their record and they may have to register as a sex offender with the state of Texas.
Although in this instance because she is not younger than 17 then more than likely he will NOT be prosecuted because the age of consent in Texas is 17.
2007-03-03 18:44:56 · answer #2 · answered by texas_thang24 1 · 0⤊ 0⤋
Yes , the girl is still a minor and the older man should know better, than to take advantage of her. She might be willing, but it is his responsibility not to take advantage of her. He might catch her in an emotional state of confusing and lead her to believe what he and she thinks she wants is OK. To really know this ans were look in the law books covering this situation. Or if you live in Texas ask a good lawyer.
2007-03-03 17:15:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Statuary rape is the word for it. Sex with a minor is a crime and it does not mater if you are in High school and one year apart the one who is 18 or older can be prosecuted and regret it for the rest of their life. As for Texas well they can put you away so far that they have to ship sunshine to you.
P.S. the fellow prisoners will like to kill you too.
2007-03-03 17:12:03 · answer #4 · answered by TOM P 3 · 0⤊ 0⤋
It seems the focus of all of the "No he can't" answers are on the whole Age of Consent thing. Well regardles of the age of consent determined by the state you are in, all "Age of Consent" means is that he or she can get married wihout parental permission. Lets say the age of consent is 16. Ok, at 16 she can get married wihthout her parents permission. However, she is still a minor by definition and her parents can still persue satutory offense charges against the older party.
2007-03-04 23:52:35 · answer #5 · answered by Joe M 2 · 0⤊ 0⤋
Well, I think 17 is the age of consent in Texas, so if I'm right then he's safe.
2007-03-03 17:11:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, he could be charged for Rape or other charges of influncing a minor. It depends on the states legal age and whether a parent wanted to push charges.
2007-03-03 17:13:01 · answer #7 · answered by roundman84 3 · 0⤊ 0⤋
If the girl consented to it then no. Her parents might try but they'd have a tough time proving anything once the girl admitted having the sex willingly.
2007-03-03 17:11:24 · answer #8 · answered by Kevin A 6 · 0⤊ 0⤋
At the last printing of my chart, 17 is the age of consent in TX, so it would be "legal"
2007-03-03 18:51:09 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes. He is a child abuser and a pedophile. He needs to be locked up.
2007-03-03 17:12:03 · answer #10 · answered by Anonymous · 0⤊ 0⤋