Question about Teens and Sex

[Nickolasj80]

What is the name of your state? Texas

I'm not sure what forum i should've posted this under, but here goes...

My wifes sister, who is 16 lives with us. Nothing legal, just an arrangement with my mother-in-law. Not that it matters, but my wife and I are both 27.
She has a boyfriend who is 17. Would it be illegal on our part to knowingly let her sister and boyfriend have sex in our house? What are the laws behind this?

 

[curiouspepper]

Sex and teens

As a parent myself, you should advise your niece that sex at their age should be considered carefully and what the consequences are - pregnancy? Are they ready to take that responsibility? And are they indulging in sex just to satisfy their lust or is it more of a commitment to their future together? So maybe you are open to sex before marriage but this is the problem of society nowadays where they take their own body's worth so lightly - sex is after all and should be a sacred communion between two people who love and respect each other.
So my answer to you even though it may or may not be legal to allow them to have sex in your home - so you really want to teach your niece it's okay to just have sex anytime she wants or to respect her own body and give it to the man worthy of it and better to the man who respects her enough!

 

[curiouspepper]

Correction

I mean your sister-in-law.

 

[Just Blue]

What is the name of your state? Texas

I'm not sure what forum i should've posted this under, but here goes...

My wifes sister, who is 16 lives with us. Nothing legal, just an arrangement with my mother-in-law. Not that it matters, but my wife and I are both 27.
She has a boyfriend who is 17. Would it be illegal on our part to knowingly let her sister and boyfriend have sex in our house? What are the laws behind this?

Age of consent in Tx is 17, so for you to "allow" your under aged SIL to have sex in your home is illegal. You can't allow your SIL to be raped in your home.

I have to ask: WHY on earth would you even consider such a thing??

 

[Happy Trails]

What is the name of your state? Texas

I'm not sure what forum i should've posted this under, but here goes...

My wifes sister, who is 16 lives with us. Nothing legal, just an arrangement with my mother-in-law. Not that it matters, but my wife and I are both 27.
She has a boyfriend who is 17. Would it be illegal on our part to knowingly let her sister and boyfriend have sex in our house? What are the laws behind this?

SIL is not old enough to consent to sex.

 

[Just Blue]

As a parent myself, you should advise your niece that sex at their age should be considered carefully and what the consequences are - pregnancy? Are they ready to take that responsibility? And are they indulging in sex just to satisfy their lust or is it more of a commitment to their future together? So maybe you are open to sex before marriage but this is the problem of society nowadays where they take their own body's worth so lightly - sex is after all and should be a sacred communion between two people who love and respect each other.
So my answer to you even though it may or may not be legal to allow them to have sex in your home - so you really want to teach your niece it's okay to just have sex anytime she wants or to respect her own body and give it to the man worthy of it and better to the man who respects her enough!

AOC in Texas is 17. WHY she wants to have sex is irrelevant.

 

[CavemanLawyer]

Actually, there'd be nothing illegal about a 17 year old and a 16 year old having sex in Texas. The Sexual Assault statute has a 3 year "grace period" so long as the sexual contact is consensual and the younger child is at least 14. The boyfriend could actually be as old as 19 and it'd still be legal as long as it's actually within 3 years (you'd need to count up the months.)

 

[Just Blue]

Actually, there'd be nothing illegal about a 17 year old and a 16 year old having sex in Texas. The Sexual Assault statute has a 3 year "grace period" so long as the sexual contact is consensual and the younger child is at least 14. The boyfriend could actually be as old as 19 and it'd still be legal as long as it's actually within 3 years (you'd need to count up the months.)

You dug up a 2 month old thread to post this? An "Affirmative Defense" is NOT the same as legal.

 

[CavemanLawyer]

Just found this forum and just going page by page answering stuff. Yes even ones from months ago. I just did a search for questions where the person was in my state and started answering all of those that I could. I know that criminal cases can be pending for many years so better late than never for an answer. I didn't know this was frowned upon. Won't do it again.

You're right, an affirmative defense is not the same thing as total legality because there is a burden attached to the defense that you have to prove. Its just that this particular affirmative defense is not a questionable one. You compare one birthdate to the other and if its within 3 years of each other than the case is never going to be filed. Its not like self defense where you've actually got something to prove. That's a case of, "you can beat the rap but you can't beat the ride." If two consenting individuals clearly fall within 3 years of each other and one is not less than 13, than I can't see how the charges would ever be accepted by a DA's office, even if the PD made the mistake of requesting them.

 

[Just Blue]

Just found this forum and just going page by page answering stuff. Yes even ones from months ago. I just did a search for questions where the person was in my state and started answering all of those that I could. I know that criminal cases can be pending for many years so better late than never for an answer. I didn't know this was frowned upon. Won't do it again.

You're right, an affirmative defense is not the same thing as total legality because there is a burden attached to the defense that you have to prove. Its just that this particular affirmative defense is not a questionable one. You compare one birthdate to the other and if its within 3 years of each other than the case is never going to be filed. Its not like self defense where you've actually got something to prove. That's a case of, "you can beat the rap but you can't beat the ride." If two consenting individuals clearly fall within 3 years of each other and one is not less than 13, than I can't see how the charges would ever be accepted by a DA's office, even if the PD made the mistake of requesting them.

You should make that clear in your postings. It would really stink for the 17 year old Romeo who sleep with his 14 year old Juliet, gets her preggers, J's parents file a complaint and the kid ends up sitting in jail for a few days while the DA figures out the rest.
All because the kids took what you said on face value.

 

[CavemanLawyer]

Fair enough but that is not how arrests are made on consensual sexual "assault" cases in Texas. The intake call to the DA's office must be done before anybody is arrested. Neither the DA's office nor the police agency like being sued.

 

[mike_lee]

n

Caveman lawyer what part of Texas do you live in? They could care less about being sued - they are so high above that. I thought I might have a little case because they locked me up on a misdemeanor for 2 days (that alone should be grounds for a suit) and stopped my blood pressure medicine despite the black box warning of sudden death and stroke from sudden discontinuation. I pleaded with them until I became catatonic (that's the best way to spend time in jail) and they did nothing but yell at me because I wasn_t responding - well no kidding, I'm fricking dying. I had a little stroke that briefly affected my eyesight (things have since gotten back to normal) SO being pissed I thought about doing the proper "middle aged guy arrested" response. But when i read up on that jail 35 people have died in that place in the last few years, so far as I can tell no one ever won a case.

Oh yea, even if the couple are covered under a roleo and juliet clause the postor would not be and would face the full force of the law just like that morman guy Jeffs.

 

[moburkes]

Caveman lawyer what part of Texas do you live in? They could care less about being sued - they are so high above that. I thought I might have a little case because they locked me up on a misdemeanor for 2 days (that alone should be grounds for a suit) and stopped my blood pressure medicine despite the black box warning of sudden death and stroke from sudden discontinuation. I pleaded with them until I became catatonic (that's the best way to spend time in jail) and they did nothing but yell at me because I wasn_t responding - well no kidding, I'm fricking dying. I had a little stroke that briefly affected my eyesight (things have since gotten back to normal) SO being pissed I thought about doing the proper "middle aged guy arrested" response. But when i read up on that jail 35 people have died in that place in the last few years, so far as I can tell no one ever won a case.

Start your own post with your questions.

 

[CavemanLawyer]

Mike_lee. I am along the coast if that matters but I don't think it does. There's simply a huge difference between treatment in a county facility and a statewide filing policy. In Texas felonies are not referred from the PD until the DA's office has intaken it. Its not just about avoid litigation, its about following proper procedure. You don't let police make mistakes on a felony case that gets it thrown out later, so it is always going to be run through the on-call prosecutor first. These types of cases usually involve juveniles too which also typically must be run through a juvenile prosecutor to have charges accepted. The prosecutor can't accept a "statutory rape" case without knowing the children's ages and if they are within the 3 years period and the child is 14 or older, than I don't see how the charges will ever even be accepted.

If by Romeo and Juliet clause you mean consenting sex and/or falling within a grace period, than yes the description given by the original poster is exactly that. One is 16 and the other is 17. Its consenting and its less than 3 years difference.

 

[Just Blue]

Mike_lee. I am along the coast if that matters but I don't think it does. There's simply a huge difference between treatment in a county facility and a statewide filing policy. In Texas felonies are not referred from the PD until the DA's office has intaken it. Its not just about avoid litigation, its about following proper procedure. You don't let police make mistakes on a felony case that gets it thrown out later, so it is always going to be run through the on-call prosecutor first. These types of cases usually involve juveniles too which also typically must be run through a juvenile prosecutor to have charges accepted. The prosecutor can't accept a "statutory rape" case without knowing the children's ages and if they are within the 3 years period and the child is 14 or older, than I don't see how the charges will ever even be accepted.

If by Romeo and Juliet clause you mean consenting sex and/or falling within a grace period, than yes the description given by the original poster is exactly that. One is 16 and the other is 17. Its consenting and its less than 3 years difference.

CL...The forum etiquette here is we don't dredge up old posts (over a few weeks) unless the OP him/herself bumps it up. We also DO NOT respond to a member that is hijacking a thread. Mo has already told Mike to start his own thread. So please don't encourage a hijacker...