Statutory Rape
Any crime that is sexual in nature will come with a great deal of controversy. The unfortunate truth is that many who are accused of such crimes are ‘guilty until proven innocent.’ The court of public opinion is harsh in this sense and will likely make the criminal and legal process much more difficult and fragile for a defendant.
This uphill battle requires a well-developed plan enacted by a qualified criminal defense attorney who is informed and knowledgeable on the sexual crime laws in Texas. This will enable you to approach this legal situation in a manner that protects your rights and guarantees that you will get a fair trial, devoid of subjective accounts and snap judgments.
Allowing the justice system to operate without the worry of being taken advantage of or being the subject of activism and grandstanding will help you fairly defend your name and freedom.
Houston Statutory Rape Attorney
If you have been accused of statutory rape in Texas, the time to start fighting the charges is now. This can be a complicated issue dependent on many factors that must be analyzed and researched by someone who has the legal understanding and experience to identify the important aspects of the case. Matt Horak is an experience Houston sexual crimes defense attorney who knows how to approach this politically charged subject in the most effective manner possible.
Matt will use his years of casework defending Texas residents who have been charged with sexual crimes to develop a strong and measured legal strategy that forces the prosecution to prove every aspect of the allegation. Considering the state requires criminal convictions to be justified ‘beyond a reasonable doubt, an ability to disprove the prosecution’s arguments is just as important and viable as directly refuting the charges. This allows the defense team to have options regarding the legal avenues they will take, which in turn, increases your ability to receive a favorable verdict.
Serving much of Southeastern Texas, Matt Horak proudly represents individuals and families that are dealing with a statutory rape charge throughout, among others, the cities of Houston, The Woodlands, Richmond, Pearland, Galveston, Sugar Land, Tomball, Spring, Katy, Missouri City, Cypress, and Humble.
To schedule a risk-consultation to go over the specifics of your case in detail with Matt, call (713) 225-8000 or send and online message. Adhering to a quick response time, Matt can be counted on to get started working on your case immediately.
Statutory Rape Law in Texas
Consensual sex with a child is another form of sexual assault, and under Texas law, it is termed ‘statutory rape.’ According to §21.011(2), an individual commits this offense if he or she intentionally or knowingly:
- Causes the penetration of the anus or sexual organ of a child by any means;
- Causes the penetration of the mouth of a child by the sexual organ of the actor;
- Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
- Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
- Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
Statutory rape is considered a second-degree felony, with a presumptive sentence of 2 to 20 years in prison and / or up to $10,000 in fines.
This statute is gender neutral and includes sex acts other than vaginal intercourse. Furthermore, there is no element of lack of consent.
A ‘child’ is defined as someone younger than 17 years of age who is not the spouse of the actor. Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married. Age 17 is referred to as the “age of consent,”–the age at which the law assumes a valid consent can be given.
There is a defense of medical care: “(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.”
There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses. In these situations, it is less likely that there is some form of improper exploitation of a young victim by an older predator.
Horak Law | Texas Statutory Rape Lawyer
If you or a loved one has been accused of statutory rape in Texas, it is important that you take advantage of the experience and legal knowledge of Houston criminal defense attorney Matt Horak. He considers the right of his clients to be vital during the legal process and he will make certain that you are given a fair opportunity to argue the charges levied against you.
This type of allegation requires a close attention to detail and a never say die attitude. Matt understands that, while law enforcement and prosecutors will do everything in their power to break your will, all that matters is the cold, hard facts of the case. He will not be swayed by intimidating tactics that have been known to work in the past.
His approach is to gather the necessary evidence and develop a defense strategy that forces the prosecution to prove, beyond a reasonable doubt, that the law was broken. A strong attorney will make the prosecution’s task much more difficult, which increases the possibility of you being cleared of all charges.
Horak Law proudly represents citizens throughout Southeast Texas, including Harris County, Fort Bend County, Brazoria County, Galveston County, Waller County and Liberty County. To schedule a consultation to go over the charges and figure out what your legal options are with Matt Horak, please call (713) 225-8000 or send an online message right away.
