16 y/o female dating 18 y/o male

[ynick]

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

Question: My girlfriends has an 18 y/o son that is dating a 16 y/o girl. Naturally, they says they are just friends, and they have been friends for 3 months.
I have mentioned to the mother that her son is on his way to college next week, and he needs to be more mature and responsible in his desires or lose his life in a Statutory Rape Charge just as he starts his life.
The mother is a public school teacher, and I'm shocked that she allows this type conduct in her home, and from her son.

I have read several similar situation, located out of texas, what are TX law as it pertains to this situation.

Please share with me ramification if nothing is done
If the parents are responsible to their child
If the relationship ends, is there a time the 16 y/o female can file a charges on the 18 y.o male????

Thank you much What is the name of your state Texas (only U.S. law)?

 

[CavemanLawyer]

The age of consent in Texas is 17, so she is underage, but there is a three year exception if the child is over 14 and certain other factors are met (ex: no force or coercion, not prohibited from marrying like if related, and the person is not a convicted sex offender.) So for a 16 year old and an 18 year old, actually he'd have an affirmative defense to prosecution if they had sex. The statute of limitations for these types of crimes is actually a little complicated because the law changed in 2007. If the offense happened prior to Sept. 1 2007 then the statute of limitations is 10 years after the victim turns 18. If the offense happened on or after Sept. 1 2007, there is no statute of limitations. Just based on the facts you are giving, if they do have sex, I do not see any crime that he could be charged under as long as the sex was not forced.

Now something he could get in trouble for is if he takes any photos or videos of her either naked or engaging in sexual conduct. Texas's child pornography applies to children under 18 and there is no age based exception. Technically an 18 year old could get charged for taking a nude picture of his 17.5 year old girlfriend.

 

[ynick]

Thank you for taking the time to answer my questions. I'll talk to the kid today as we pack him up for college, he leaves home today. Have a terrific day, and again thank you. Nick