Statutory Rape

What Texas Law Says About Minors and Sexual Activity

In Texas, ANYONE who has any sexual contact with you when you are under 17 could be charged with "Indecency With a Child," which is a felony.  This is true even if the sexual contact was consensual, even if it didn't involve actual intercourse, and even if you are both teenagers and close to the same age.  If someone is charged, they have a defense and should not be convicted if:

• They are no more than three years older than you, and
• They are of the opposite sex, and
• They are not registered or convicted as a sex offender.

In practice, this means that people who meet all the requirements of this defense are usually not charged, since they would not be convicted of anything if the case went to trial.

Technically, though, anyone who touches you sexually at all could be considered to be abusing you under the law.

If someone does not meet all the requirements of the defense above and has any kind of sexual contact with you while you are under 17, they could be convicted of a felony and sent to prison.

Mandatory Reporting

Texas law requires ANYONE who has reason to think that you have been harmed by abuse or neglect (including "Indecency with a Child" as described above) to make a report to Child Protective Services or to the police.  Even people like doctors, lawyers and counselors, who might normally have to keep what you tell them confidential, are legally required to make a report.

For more information, see Talking to Your School.