Dallas Statutory Rape Attorney

Accused of Statutory Rape in Texas? The Clock Is Already Running.

When a statutory rape accusation is made, investigators contact witnesses, the Dallas County District Attorney’s Office begins building its case, and prosecutors pursue the most serious charges the evidence will support. Every hour without a defense attorney working your case is an hour the other side has to itself.

At the Gallian Firm, our experienced Dallas statutory rape attorneys know how these cases are prosecuted because we’ve seen it from both sides. If you need a statutory rape lawyer in Dallas, call us now.

What Texas Law Actually Says About Statutory Rape

Texas does not use the phrase “statutory rape” in its criminal code. These offenses fall under Texas Penal Code §22.011 (sexual assault) and Texas Penal Code §22.021 (aggravated sexual assault). Knowing exactly which charge applies to your situation shapes the entire defense strategy.

The Texas Age of Consent and What It Means

In Texas, the age of consent is 17. Anyone under 17 cannot legally consent to sexual activity with an adult, regardless of what either party claims happened. These are strict liability sex offenses, meaning the prosecution does not have to prove that you knew the other person was a minor. That makes the defense more complex, and it makes choosing the right defense counsel more important.

How Statutory Sexual Assault Is Charged in Texas

The charge depends on the ages of those involved, the nature of the alleged contact, and the age gap between them. There are three main categories:

• Indecency with a child: Sexual contact (not penetration) with a minor under 17 by a person more than three years older is a second-degree felony carrying 2–20 years in prison and up to $10,000 in fines.
• Sexual assault of a child: Penetrative sexual contact with a person aged 14, 15, or 16 when the defendant is 18 or older is also a second-degree felony with 2–20 years in prison.
• Aggravated sexual assault: Penetrative sexual contact with a child 13 or younger, or sexual assaults involving certain aggravating factors, is a first-degree felony with a sentence range of 5–99 years or life.

The Romeo and Juliet Law in Texas and What It Actually Covers

Texas has a close-in-age exception known informally as the Romeo and Juliet Law. It provides a potential defense when both parties are close in age and when the relationship was consensual.

Who Qualifies for the Romeo and Juliet Defense in Texas?

The exception applies when the minor is at least 15 years old, both parties are within four years of age of each other, and the relationship was consensual. A 17-year-old and a 19-year-old, for example, could potentially fall within this exception.

Note: The Romeo and Juliet exception does not apply to indecency with a child charges where the age gap exceeds four years, and it does not protect against aggravated sexual assault charges involving children under 15.

When the Exception Doesn’t Help

The close-in-age exemption is narrower than most people think. It does not apply when there is a school employee relationship, a healthcare provider relationship, or other positions of authority or trust. Prosecutors sometimes file additional counts, like online solicitation of a minor, that fall entirely outside the exception.

Consequences of a Conviction You Need to Know About

A conviction for statutory sexual assault in Texas carries consequences well beyond the prison sentence itself.

• Sex offender registration: Conviction typically requires registration as a sex offender, in many cases for life. That registration affects where you can live, work, and travel, and it stays visible to the public indefinitely.
• Felony conviction record: Professional licenses, security clearances, and career opportunities close after a felony conviction. The impact follows you long after any sentence is served.
• Probation for sex crimes: Even without prison time, probation conditions for sex offenses are extensive and long-term, and violations can result in incarceration.
• Civil consequences: A pending charge can be used in family court to modify custody arrangements. A conviction makes that outcome significantly more likely.
• Immigration consequences: Non-citizens face deportation proceedings following any sex offense conviction. We coordinate with immigration counsel when needed.

Act Before It's Too Late

We defend clients at every stage, from criminal investigation to trial in Texas District Courts. The sooner we get involved, the more we can do.

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Defense Strategies for Statutory Rape Charges in Dallas

Statutory rape charges are serious, but they are not automatically convictions. There are multiple viable defense approaches depending on the specific facts of your case.

False Allegations

False allegations in sex crime cases are not rare. Accusations can stem from personal conflict, custody disputes, revenge, or misunderstandings that escalated. We investigate the alleged victim’s credibility, motive, and prior statements, looking for inconsistencies that the prosecution may be counting on going unnoticed.

• Prior inconsistent statements: Comparing what the alleged victim told police versus what they later told prosecutors or testified to in court.
• Documented motive: Establishing whether the accuser had reason to fabricate or exaggerate the allegations.
• Witness testimony: Locating people with knowledge of the relationship, the alleged incident, or the alleged victim’s credibility.

Lack of Evidence

Every criminal case depends on the prosecution’s burden of proof. The state must prove each element of the charge beyond a reasonable doubt, and that includes proving that the conduct actually occurred. We scrutinize every piece of evidence in your case.

• DNA evidence and forensic examination results: Reviewed for procedural errors, contamination, or chain of custody failures that could undermine the prosecution’s physical evidence.
• Digital evidence: Text message evidence, social media records, and other digital communications that may contradict or complicate the prosecution’s narrative.
• Criminal complaint inconsistencies: Comparing the original report to subsequent statements, which often differ in ways that matter at trial.

Constitutional Rights Violations

If your constitutional rights were violated during the investigation or arrest, evidence obtained through those violations may be suppressed, sometimes resulting in the entire case collapsing.

• Unlawful search and seizure: Evidence gathered without a valid warrant or proper probable cause can be challenged and excluded from trial.
• Coerced confession: Any statement obtained through improper interrogation tactics may be inadmissible, and we investigate the circumstances of every client interview with law enforcement.
• Improper grand jury procedures: Procedural violations in the Dallas County Criminal Courts can provide grounds to challenge the indictment itself.

Mistaken Age

When a defendant genuinely believed the other person was of legal age and had reasonable grounds for that belief, mistaken age may be raised as part of the defense strategy.

Texas takes a strict liability approach, but evidence such as the alleged victim’s misrepresentation of their age, use of a fake ID, or conduct clearly indicating the person presented as an adult can carry meaningful weight in plea negotiations and at trial.

What the Dallas County Criminal Case Process Looks Like

From the moment the Dallas Police Department makes an arrest, the case follows a set path through the Dallas County criminal justice system.

Arrest and Initial Investigation

Police typically begin gathering evidence before an arrest is made by interviewing the alleged victim, collecting digital evidence, and identifying potential witnesses. If you are under investigation but have not been arrested yet, this is the most critical moment to get a sex crimes defense lawyer involved in your case.

Booking and Dallas County Jail Processing

After arrest, you’ll be processed at the Dallas County Jail. Officers will take your fingerprints and photographs, and they will review the charges. Bond will be set at an early hearing. We appear at that hearing and argue for reasonable bail conditions from the start.

Grand Jury and Formal Charges

Felony sex offense cases go before a grand jury in the Dallas County Criminal Courts. The Dallas County District Attorney’s Office presents evidence without your attorney present. We work to provide mitigating information and exculpatory evidence wherever possible during this process.

Discovery and Pre-Trial Motions

Once charges are formally filed, we request full discovery, including police reports, forensic examination results, witness statements, and all digital evidence. Pre-trial motions target unconstitutionally obtained evidence, challenge questionable forensic claims, and expose weaknesses in the prosecution’s case before trial begins.

Trial Defense

If plea negotiations do not produce an acceptable outcome, we are prepared to take your case to trial. We present the defense narrative, cross-examine witnesses, challenge the credibility of the alleged victim’s testimony, and hold the prosecution to its burden of proof: reasonable doubt.