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Statutory Rape laws after legaly marring minor

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dcowan

Junior Member
What is the name of your state? Texas

My son is 18 and married to a 16 year old girl who is pregnant. Against my wishes, the parents of the girl allowed the two to sleep together in their home which resulted in the pregnancy. They then forced them to marry. Consent forms were signed by girls legal mother (father is a step). After 3 months of marriage, the parents are forcing a divorce between them and threating to file statutory rape charges against my son. Can they do this?
 


HomeGuru

Senior Member
dcowan said:
What is the name of your state? Texas

My son is 18 and married to a 16 year old girl who is pregnant. Against my wishes, the parents of the girl allowed the two to sleep together in their home which resulted in the pregnancy. They then forced them to marry. Consent forms were signed by girls legal mother (father is a step). After 3 months of marriage, the parents are forcing a divorce between them and threating to file statutory rape charges against my son. Can they do this?

**A: of course they can. And what have you parents done thus far?
There is a whole side of this story that you are missing.
 

Happy Trails

Senior Member
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of he
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(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;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offfense: (A) was not required under Chapter 62, Code of crriminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) 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.
 

dcowan

Junior Member
Happy Trails said:
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of he
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(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;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offfense: (A) was not required under Chapter 62, Code of crriminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) 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.

Even if the act was pushed by girls parents and I asked that they stop?
 

Happy Trails

Senior Member
dcowan said:
Even if the act was pushed by girls parents and I asked that they stop?
Did you read the bold print?

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;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offfense: (A) was not required under Chapter 62, Code of crriminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
He isn't more than three years older than her so they can't get him on that.
 

ablessin

Member
And neither of these kids can make a decision for themselves??

HER parents forced them to marry and now HER parents are forcing them to divorce?

Did HER parents FORCE them to have sex, too?
 

Happy Trails

Senior Member
ablessin said:
And neither of these kids can make a decision for themselves??

HER parents forced them to marry and now HER parents are forcing them to divorce?

Did HER parents FORCE them to have sex, too?
Well, by dcowan statement it would appear that way:

dcowan said:
Even if the act was pushed by girls parents and I asked that they stop?
 

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