Like many other states, Texas has a law that protects teens who engage in consensual sexual activities with peers from prosecution. Known as “Romeo and Juliet” laws, understanding these statutes is critical for those who face charges of sexual assault based on one of these relationships.
Your best option if you face allegations or charges in a sex crimes case is to work with a Houston sexual assault lawyer who understands the Romeo and Juliet law in Texas and other possible defenses in your case.
What Is the Purpose of the Romeo and Juliet Law in Texas?
Romeo and Juliet laws stop the criminalization of consensual sexual relationships between high school sweethearts and other teenage couples who are close in age.
This law provides a defense for young people who engage in consensual sexual activities with peers and are accused of sexual assault. This could prevent them from facing harsh, life-long consequences such as jail time and mandatory registration as a sex offender.
Understanding How the Romeo and Juliet Statute Works in Texas
Before you can understand the Romeo and Juliet law, you must understand the state’s laws against sexual assault and indecency with a child, which is the sexual assault statute as it applies to those under the age of 17. Found under Texas Penal Code § 21.011, this statute prohibits sexual contact with a child or teen under 17 years of age (the state’s age of consent).
However, there are exceptions to this law. This includes the Romeo and Juliet exception found under Texas Penal Code § 22.011(e). Under this subsection of the statute, it is an affirmative defense to sexual assault or indecency with a child if:
- The couple was married at the time, or
- The age difference was less than three years, and
- The victim was 14 years of age or older, and
- The sexual act was consensual
This law is unusual, as Texas generally treats sex crimes against minors harshly. However, lawmakers recognize there is a significant difference in consensual relationships between similar-age peers and assault.
What Could Happen If the Romeo and Juliet Law Does Not Apply?
Without the Romeo and Juliet defense, those facing charges of sexual assault of a teenager or indecency with a child could face significant consequences. Either charge could be a second-degree felony, which could result in:
- 2 to 20 years in state prison
- A fine of up to $10,000
- Inclusion on the sex offender registry
In some cases, first-degree felony charges may apply.
In addition to these penalties, this type of conviction can affect the individual’s personal and professional life long-term. Time behind bars can disrupt college or their career, and many companies will not hire someone on the sex offender registry. It may be difficult to explain to potential partners and could also make it difficult to rent an apartment.
How an Attorney Can Build a Defense Using the Romeo and Juliet Law
There are numerous defenses to charges related to sexual conduct with a minor, especially when the Romeo and Juliet law applies. Sometimes, an individual who has been in a consensual relationship with a similar-age peer will face allegations from unhappy parents or a revengeful partner if the relationship sours.
If this happens to you, working with a Houston sex crimes lawyer is the best way to ensure your rights remain protected throughout the process. Some of the most common defenses in these cases include:
Romeo and Juliet Defense
There are a few parts to the Romeo and Juliet defense. Your attorney must be able to show:
- You are not more than three years older than the other party,
- The other party was not younger than 14 years of age, and
- The sexual activity was consensual (there was no force or threat involved).
This may be possible by sharing communication between you and the other party showing that you had an agreeable, pre-existing relationship. This could include text messages, emails, or other documentation.
You must also prove that you are not on the Sex Offender Registry.
Lack of Criminal Intent
It may be possible to win a case by showing that you did not intend to commit a criminal act. This often hinges on the fact that you believed the other party was 17 or older based on reasonable evidence that misled you.
Coercion or Force
Sometimes, the older party might have been coerced, threatened, or forced to participate in sexual activity with a teenager against their will. In these situations, both parties are victims, and neither should serve time for what occurred.
While there are several effective defenses in these cases, they are often challenging. Uncovering the best evidence and presenting a strong case is not always easy, especially while you face the stress of the charges against you. Working with an experienced sexual assault attorney will help you present the best possible defense to clear your name and protect your future and your freedom.
Discuss Your Texas Sexual Assault Case With Our Team Today
At Blass Law, our attorney, Jay Blass Cohen, takes on challenging cases and helps clients get the best possible outcome. He is often able to clear their names, help them return to their daily lives, and put this stressful ordeal behind them.
Jay understands the Texas Romeo and Juliet law and how it can help those who face allegations of sexual assault or indecency against a child. He will help you build a strong case and avoid the severe legal consequences of these charges, including prison time and mandatory sex offender registration.
Contact us today for a confidential consultation with our team.