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Friday November 21, 2008
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Texas Statutory Rape??
Texas
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 |
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