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Stat Rape

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facemunch

Junior Member
What is the name of your state (only U.S. law)? Texas

Is receiving oral sex from a 15 statutory rape? I am 18.
 
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stealth2

Under the Radar Member
How about finding someone your own age to fool around with?

Penal Code Sec. 21.11. Indecency With a Child.

(a) A person commits an offense if, with a child younger than 17 years
and not his spouse, whether the child is of the same or opposite sex, he:

(1) engages in sexual contact with the child; or
(2) exposes his anus or any part of his genitals,
knowing the child is present, with intent to arouse or gratify
the sexual desire of any person.
(b) It is an affirmative defense to prosecution under this section that
the actor:
(1) was not more than three years older than the victim
and of the opposite sex; and

(2) did not use duress, force, or a threat against the victim
at the time of the offense.

(c) An offense under Subsection (a)(1) is a felony of the second degree
and an offense under Subsection (a)(2) is a felony of the third degree.
 

The Occultist

Senior Member
If anybody at all finds out and it somehow gets to the police (and boy, it can happen pretty easily; a common scenario is that a teacher will overhear the kids --and yes, they are kids-- talking about it at school, and the teacher will be obligated to report it through the proper channels), you can find yourself in a LOT of trouble, including potential jail time as well as having to register as a sex offender. Seriously, stay away from children.
 

facemunch

Junior Member
If anybody at all finds out and it somehow gets to the police (and boy, it can happen pretty easily; a common scenario is that a teacher will overhear the kids --and yes, they are kids-- talking about it at school, and the teacher will be obligated to report it through the proper channels), you can find yourself in a LOT of trouble, including potential jail time as well as having to register as a sex offender. Seriously, stay away from children.
I understand that. I had no intentions of doing this with her in the first place. It just... happened. It was the most unexpected thing I've ever had happen to me. I felt, and still feel, awful as hell about it. I don't understand how they could convict me with no evidence though? Rumors get spread all the time.
 

stealth2

Under the Radar Member
Okay, thanks.

Another question, unless her parents find out some how, I can't be charged with anything right?
Wrong. If ANYONE finds out and reports it, you can be charged. And the statute of limitations is somewhere ~10 years. Think about that when you're a bit older and possibly the father of a daughter. How would you like some punk sticking it in HER mouth? Hmmm?

At the end of the day? You're a child molester. Bet your Mom would be proud of you. :rolleyes:
 

facemunch

Junior Member
Wrong. If ANYONE finds out and reports it, you can be charged. And the statute of limitations is somewhere ~10 years. Think about that when you're a bit older and possibly the father of a daughter. How would you like some punk sticking it in HER mouth? Hmmm?

At the end of the day? You're a child molester. Bet your Mom would be proud of you. :rolleyes:
I guess so. Well, this sucks. It's amazing how one little act can turn my whole world upside down.

Thanks for the help anyways.
 

stealth2

Under the Radar Member
I guess so. Well, this sucks. It's amazing how one little act can turn my whole world upside down.

Thanks for the help anyways.
Yeah, rape is like that. So is child abuse/molestation. Neither of which are exactly "little" acts. Both of which you've committed.
 

CavemanLawyer

Senior Member
This would not be charged as indecency with a child it would be charged as sexual assault because there was penetration and not just contact (penetration of the mouth.) There is an affirmative defense to sexual assault (or indecency with a child for that matter) if there is no more than 3 years difference in age between you and the sex was consensual. So you should easily be able to do the math and see whether you actually fall into this defense.

Its important to note that this is an affirmative defense meaning that it doesn't make the conduct legal, it just gives you a fairly absolute defense. Its still not something you'd want to have to deal with though.

There are other possible crimes that could be implicated even if you do fall within this three year affirmative defense. You could still potentially be charged with something like enticing a child by interfering with the custody of her parents.
 
If contacted by anyone the first thing out of your mouth should be: I want to see my attny. Don't say anything w/o a lawyer present, you cannot talk your way out of this.
 

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