With how advanced technology is today, someone misrepresenting their age can do so quite easily. If you have discovered that your date is actually under 17, which is generally the age of consent for sexual intercourse in Texas, you might panic about potential consequences. This blog explores your circumstances and what legal options you have.
“Mistake of age” is not a defense
Texas treats age-related offenses as strict liability crimes. This means the state does not need to prove that you knew the other person was underage at the time of the offense. Even if your date had a fake ID or looked much older, state law does not recognize a mistake of age as a valid defense.
The reasoning behind this legal position is that it places the responsibility of verifying age entirely on the adult party. While this may seem harsh in situations involving genuine deception, it reflects the state’s priority of protecting minors.
Steps to take after discovering the truth
If you learn that someone you have been involved with is actually a minor, you might want to consider the following steps:
- End all contact with that individual immediately, as continuing the relationship could worsen legal consequences.
- Document everything about how the relationship began. This includes how you met, what the person told you about their age and any evidence that could show they lied.
- Save any text messages, social media conversations, dating app profiles or other forms of communication.
Before you speak with law enforcement, reaching out to an attorney first can provide guidance on how to avoid making any self-incriminating statements during an investigation.
Potential legal strategies
With proper support, your defense strategy may involve scrutinizing the prosecution’s case for procedural errors or a lack of sufficient proof. This could mean filing motions to suppress digital evidence, such as texts or photos, that were obtained without a warrant or cross-examining witnesses to expose inconsistencies in their timelines.
Additionally, demonstrating that no sexual contact actually occurred may serve as a complete defense. Because Texas law focuses on specific sexual acts rather than the relationship itself, showing that your interactions were non-sexual or purely platonic could negate the core elements of the offense.