Texas Statutory Rape??


My friend had sex with a 14 year old boy. She was 17. However, he had lied to her and said he was 17. Well, she got pregnant by him and when she told him she was pregnant, he then told her the truth about his age. He just turned 15 and she just turned 18. They are no longer having sex because obviously now it would be illegal, or considered statutory rape, correct? My question is, can her parents or him press charges on her? Because when everything happened, he was 14 and she was 17 and that's when she got pregnant as well. Please let me know ASAP.

If a parent reported this to authorities, the district attorney's office may order an investigation. If the 17 year old was not more than 3 years older than the 14 year old, it is written into the law that this would be considered an affirmative defense; meaning, the district attorney may determine that their closeness in age does not call for criminal prosecution. This is a determination only the district attorney can make. We really can not speculate on which way a district attorney might decide to go.

Once a complaint is filed with police, it is the District Attorney's sworn duty to investigate and make a determination as to whether state laws were violated. Any charges that are filed would be filed by the District Attorney who represents the people of the State of Texas. The parent or guardian who originally filed the complaint with police, have little to no control over how the District Attorney conducts the investigations or whether charges are filed.

This is Texas 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 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 the 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 offense:
(A) was not required under Chapter 62, Code of Criminal 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.