I'm 17 years of age right now and my boyfriend is 24! We have been together since I was 15 and he was 21! Well we have been sexually active since we were first together! When we first got together I lied to him and he found out how old I was! A week after we got together he met my Dad and my Dad told him my age! Both Him and my Mom allowed us to be together this whole time until recently! When both me and my boyfriend got into a car wreck an issue came up and now they think he hits me! Well now my Mom put a restraining order on him and now is threatening to put a statutory rape charge on him! Can she put rape charges on him even though she allowed us to be together for 2 years?Can she do anything to him if I move in with him when im 18??
No matter how angry you are with your parents, if a restraining order (court order) has been issued by a judge against your boyfriend, DO NOT VIOLATE IT. The fastest way for your boyfriend to end up in jail with charges against him is if the court order is violated. Most orders will prohibit telephone and electronic communication, DO NOT TEXT OR EMAIL HIM. A violation of the order gives the judge grounds to find your boyfriend in contempt and he will likely be incarcerated with a fine.
Your boyfriend will have a specific amount of time (usually 30-60 days) to contest the restraining order. The order is in full effect during this time. When he is served, he receives instructions on what actions he can take. If he does not contest the order within the stated period of time, the order will stand until it expires or until it is terminated by the court.
Parents are legally responsible for the health, safety, and welfare of their children until they turn 18 years of age. If a parent feels their child is in danger or has been put at risk by another individual, it is their legal right and obligation to take the necessary actions within the law to protect their child. It is not up to your parents to determine whether or not charges are filed against your boyfriend. Your parents ultimately have no control over this. Only a criminal prosecutor can determine if criminal charges will be filed against your boyfriend.
Code of Criminal Procedure Chapter 12. Limitations Art. 12.01 FELONIES:
The statute of limitations for certain offenses against a minor is a period within 10 years after the victim reaches age 18. The offenses included are:
Indecency with a child
Intentional or knowing sexual assault of a child
Intentional or knowing aggravated assault of a child
Generally, the statute of limitations for a felony is 3 years after commission of the offense.
Code of Criminal Procedure Art. 12.02. [181] [229] [219] MISDEMEANORS.
An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
Other laws:
Texas Penal Code Title 5 ยง 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.
Other laws
Texas Penal Code [1]
Title 6
Offenses Against the Family
Section 25.04 Enticing a child
Section 25.06 Harboring a runaway child
Section 25.07 Violation of Protective Order or Magistrates order