Houston Statutory Rape Lawyer

Eight Years as a Harris County Sex Crime Prosecutor. Now on Your Side.

Texas doesn’t use “statutory rape” as a formal offense. Allegations involving sexual activity with someone younger than 17 are prosecuted as sexual assault of a child under Texas Penal Code Section 22.011(a)(2). At Hochglaube & DeBorde, our Houston criminal defense attorneys provide full-service representation from investigation through trial and, when necessary, appeal.

Nicole DeBorde Hochglaube spent eight years as a Harris County prosecutor from 1994 through 2002, working directly on sex crime cases. She knows how prosecutors build and present these cases because she built and presented them. Our attorneys bring more than 60 years of combined trial experience to that work.

Evidence-Driven Defense for Sexual Assault of a Child Charges

A serious defense starts with understanding how the allegation arose and whether the available evidence actually supports every element of the charge. We review police reports, forensic interviews, text messages, emails, phone records, and other case-specific evidence rather than treating an accusation as a complete account of events.

Forensic interviews are structured conversations designed to gather information from a child in a developmentally appropriate setting, typically through a child advocacy center. The wording, sequence, and context of those questions can matter. When the record supports it, we work with forensic psychologists and medical professionals to evaluate the reliability of statements or conclusions the prosecution intends to rely on.

What Texas Law Says About Sexual Assault of a Child

The age of consent in Texas is 17. Under Texas Penal Code Section 22.011(a)(2), an adult may be charged with sexual assault of a child for prohibited sexual conduct involving someone 16 or younger. The minor’s agreement isn’t a defense: Texas law treats a person below the age of consent as legally incapable of consenting to this conduct.

Sexual assault of a child is a second-degree felony. A conviction can carry two to 20 years in prison and a fine of up to $10,000. It can also trigger sex offender registration, with duration and requirements depending on the specific offense and disposition. Registration affects housing, employment, travel, and other parts of daily life, which is why the collateral consequences deserve serious attention at every stage of the defense.

A mistake-of-age defense isn’t recognized under Texas law. Even a genuine belief that the other person was 17 or older doesn’t answer the charge. That makes close examination of the statutory elements and admissible evidence essential from the start.

Defenses Available in a Houston Statutory Rape Case

The right defense depends on the ages involved, the relationship, the alleged conduct, the evidence, and the procedural history. We assess both statutory defenses and challenges to the prosecution’s proof.

Issues we examine include:

• Romeo and Juliet affirmative defense: This defense may apply when the accused was no more than three years older than the alleged victim, the younger person was at least 14, the conduct was consensual, and the accused was not subject to sex offender registration at the time. As an affirmative defense, it must be raised and supported with evidence.
• Marital exemption: Texas law recognizes a defense for consensual conduct between spouses when the younger spouse is below the standard age of consent.
• Witness reliability: Prior statements, conflicting accounts, suggestive questioning, and the circumstances surrounding disclosure can all affect the strength of the allegations against you.
• Digital context: Messages, emails, phone records, timestamps, and account data may provide context that isolated screenshots or selected exchanges don’t reveal.
• Failure of proof: The prosecution must prove every element beyond a reasonable doubt. An accusation alone doesn’t satisfy that burden.

How a Harris County Sexual Assault of a Child Case Moves Through the Courts

An investigation can begin before any arrest, sometimes through police contact, a forensic interview, or a request to search a phone or online account. Statements made at this stage can become evidence, which is why we advise clients to avoid discussing the allegations with investigators before speaking with us.

If prosecutors file a felony case, proceedings move through the Harris County criminal court system, including the Harris County Criminal Justice Center in downtown Houston. Our representation covers analyzing charging documents, addressing bond conditions, reviewing discovery, filing motions, preparing for negotiations, and taking the case to trial when that’s what the situation requires.