An 18 y-o male had sex w/ my daughter when she was 14; I personally spoke to the Ellis Co. DA who made it crystal clear that he didn't want to prosecute because he felt the sex was "consensual." (At the time I was so shocked & out of things that I failed to ask the DA what the age of consent was.) Long story short, she ran away with him to his family's in Mexico. They were apprehended crossing the border almost a year later & the guy was brought before grand jury but no-billed. If I bring up the age issue with the DA can the guy be re-prosecuted even though my daughter is now legal age? There's no way she will testify against him.
2007-11-26 07:14:40 · 4 answers · asked by Menna's Mom 1 in Politics & Government ➔ Law & Ethics
Texas
The age of consent in Texas is 17 {Texas Penal Code Section 21.11}. However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender {Section 21.11(b)}.
Section 21.12 further prohibits all sexual contact between an employee of a school (including educators)and a student enrolled at the primary or secondary school where said employee works. No age is specified by the statute (thus, even if the student has reached consent age of 17, it is still a violation), and violations are a second degree felony.
2007-11-26 07:19:11 · answer #1 · answered by wizjp 7 · 1⤊ 0⤋
Sadly, you are seeing the not so good side of our laws. I am a parent of a 16 daughter who fortunately is not yet interested in sex.
The District Attorney made it clear that they suspect the issue was consentual. As such your best witness...your daughter...will not be a credible witness to the prosecution.
Then, by your own statement, you indicate the case was presented to a Grand Jury. It can be difficult to reintroduce a case to a new Grand Jury unless the District Attorney pushes the issue. By the way...you've misunderstood...he's NOT been prosecuted yet...therefore, there's no "re"prosecution to consider. If the Grand Jury "no billed" the case, they felt there was insufficient evidence to file charges against the boyfriend.
You're only recourse would be to consult with a local attorney who may be able to represent your daughters case with the DA.
However, its my belief that with the knowledge of what you've provided here...no attorney is going to tackle this situation either.
Had your daughter been forced into the issue...circumstances would be totally different.
If you have further questions, feel free to email directly.
2007-11-26 07:27:33 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
Did you file a runaway report on your daughter? Did you fill out a police report on the original statutory rape? If your daughter is now legally an adult, why are you attempting to press charges?
What I would do... Talk to the DA again to make sure he isn't going to do anything... then write a letter to the local newspaper discussing his dereliction of duty. Contact his opponent if he's in an election any time soon ( this would be GREAT cannon fodder for the other guy! ) and if you REALLY feel like making a nuisance of yourself... try picketing outside his office... It's the squeaky wheel that gets noticed!
2007-11-26 07:26:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Actually what you should have done was shoot the illegal bastard in the head and let the coyotes do away with the body!
2007-11-26 07:30:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋