Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Age of consent in texas, romeo and juliet laws?

I am a 15 year old girl and my girlfriend is 19. I'm about to be 16. I know the age of consent in Texas is 17 but is there any loopholes? I know the Romeo and juliet laws are mainly directed towards heterosexuals. Would there be any way not to get punished if I'm 16 and she's 19, and it's consentual?


The age of consent is 17. People under that age may have sex with people who have NOT MORE than a 3-year age difference, for instance 16-19.

Is that true?

10 Answers

  • Favorite Answer

    The statute does in fact contain a loophole, an affirmative defense, allowing for consensual sexual activity for children 15 years or older with an adult no more than 3 years older than the child.

    Please don't be fooled into thinking that when you turn 16 and your girlfriend is 19 that you are now within the protection of that affirmative defense. The State of Texas CAN strictly construe that 3 year difference to mean a 36 month difference between the day your girlfriend was born and the day you were born. If she is so much as one hour older than those 36 months the State of Texas can proceed with charges against her based on the type of sexual relations you engaged in.

    If she is outside of that loophole and you engage in consensual sexual activity with your loved one she may be charged with Sexual Assault, a Second Degree felony that carries with it a punishment range of 2 - 20 years in prison, a fine not to exceed $10,000 and registration as a sex offender for a ten year period after she serves her timein prison. And she can get that punishment for each and every time the two of you engage in sexual conduct.

    I have defended over 50 cases of Aggravated Sexual Assault, Sexual Assault, and Indeceny with a Child and trust me when I say its not fair to your girlfriend. Its not worth the risk if she is older than you by more than 36 months.

    What you do is between you and her, but if you love her and care about HER best interest, you'll protect her from your desires and hers.

    Best of luck.

    Jesse Hernandez

    Criminal Defense Lawyer

    Source(s): Bennett & Hernandez Criminal Defense Lawyers Floresville, Texas
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  • 1 decade ago

    Here... is a link to the actual age of consent laws in Texas.

    While the Texas age of consent - 17 - is the same for heterosexual conduct as for homosexual conduct, the "Romeo and Juliet exception only applies to heterosexual couples....

    "(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: (wasn't a registered sex offender)"

    So you'll need to wait till you're 17. I'd strongly advise this anyway. I know you think it's true love for ever, but the fact is that teenage lesbian relationships are, on the whole, even more transitory than straight teenage relationships. Girls are just naturally more emotional than boys - so relationships between two of them tend to be fiery - but short lived.

    If it IS true love.,... the sex can wait.


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  • 6 years ago

    Here's the jist of it. My daughter lied to her fiance and told him she was 17. The boyfriend moved in to the house with my daughter, her sister and my ex-husband @ which time the boyfriend having doubts as to whether my daughter was 17 (due to the fact she was in the ninth grade) as the father was she truly 17 and he agreed yes she had repeated the 1st and ninth grade and of course she was 17. Now 2 months later after boyfriend moved in she discovered she was pregnant decided to tell the boyfriend she was actually 16 but she would be 17 before the baby was born. One night during the father's drunken stupor besides to kick them out, mind you the father has been abusing both the sisters since he was awarded managing conservortarship by basing stability upon on education and not whom had been the primary caregiver and whom had been providing the care for the children. SO NOW HOW IS THIS LAW FAIR WHEN THE ACCUSED HAS DO EVERYTHING TO ENSURE THE GIRLFRIEND IS OF AGE?

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  • Amanda
    Lv 4
    4 years ago

    Reaching the age of consent does not mean that you are not still a minor. No one under 17 can legally give consent to have sex, making it equivalent to rape. Until you are 18 having sex with your boyfriend would be a sex crime. He would be labeled a sex offender, and he may even go to jail. It could prevent him from getting a job (or get him fired if he already has one). The two years older rule only applies to minors (a 15 year old cannot have sex with a 17 year old). You can date whoever you want, but having sex would ruin your lives.

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  • Anonymous
    1 decade ago

    Sorry to be the bearer of bad news, but if your girlfriend gets caught having sex with you she's looking at a charge of statutory rape. The State of Texas does not have any loopholes concerning the age of consent, and the laws were amended in 1999 to include homosexual sex as well as heterosexual sex.

    Source(s): 14+ years experience as a paralegal specialist, worked for one of the largest law firms in San Antonio 1998-2000
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  • kitkat
    Lv 6
    1 decade ago

    In most states and UK it has been decided that age of consent laws pertain to both heterosexuals and homosexuals. Previously some states had seperate laws for homosexuals but in most states this has been changed due to discrimination.

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  • 1 decade ago

    Just wait, if you really love each other then there shouldn't be a problem.

    The laws for sexual relations with a minor are strict for a reason.i hope there are no loopholes.

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  • Anonymous
    1 decade ago

    Same whether or not he is a she. You are headed down the wrong path with your life. Why not just try and be a young girl while you still are young instead of playing house with an adult? Your parents must be so sad.

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  • 1 decade ago

    there arent any loopholes...wait until you are seventeen and see if you are together then; the rules are there to protect you from harm.

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  • 1 decade ago

    Don't ever press charges and don't let anybody find out who would press charges.

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