Statutory Rape Attorney in Denton County

Defense Informed by a Former Prosecutor & Judge

Texas treats allegations of sexual conduct with an underage person as serious felony matters that demand a charge-specific defense. At Law Offices of Tim Powers, we represent adults and juveniles accused of sexual assault of a child, the Texas offense commonly described as statutory rape.

We have handled thousands of criminal cases in Denton and Collin Counties since 1996. Tim Powers brings the perspective of a former municipal court judge and former assistant district attorney. We provide comprehensive legal counsel from the initial charge through trial and potential post-conviction proceedings.

Call (940) 580-2899 to arrange a free, in-person case evaluation with our defense team.

How Texas Law Addresses Statutory Rape Allegations

Texas doesn’t have a standalone criminal offense named statutory rape. Conduct commonly associated with that term is generally prosecuted as sexual assault of a child under Texas Penal Code § 22.011, which defines a child as someone younger than 17.

Sexual assault of a child is generally classified as a second-degree felony. Circumstances listed under Texas Penal Code § 22.011 can elevate the charge to a first-degree felony. The precise classification depends on the allegations and the statutory provision prosecutors apply.

Aggravated Sexual Assault of a Child

Aggravated sexual assault of a child is a separate, more serious allegation. It can involve a child younger than 14 or specified aggravating factors, such as serious bodily injury, threats, use of a deadly weapon, or drugs allegedly used to incapacitate a child. We examine the charging document and supporting evidence to identify the elements the prosecution must prove.

This distinction shapes how we prepare the defense. We evaluate the alleged conduct, the ages involved, witness accounts, electronic communications, and other available evidence rather than relying on the informal statutory rape label.

Potential Defenses to Sexual Assault of a Child Charges

Age has specific legal significance in these cases. Consent isn’t a defense to sexual assault of a child under Texas law, and an accused person’s claimed lack of knowledge about the child’s age doesn’t determine whether the conduct meets the statutory definition. However, an accusation doesn’t eliminate every potential defense.

The Romeo & Juliet Defense

Texas law recognizes a limited close-in-age affirmative defense, commonly called the Romeo and Juliet defense. An affirmative defense is a legally recognized set of facts that can defeat criminal liability even when the prosecution alleges the basic elements of an offense.

The close-in-age defense has several requirements:

• The age difference between the accused and the child must be three years or less.
• The child must have been at least 14 years old.
• The accused generally must not have been required to register for life as a sex offender.
• The parties must not have been legally prohibited from marrying or engaging in sexual contact under incest law.

Meeting one condition isn’t enough. Whether this affirmative defense applies depends on the exact ages, relationship, alleged conduct, and other case-specific facts. We assess each requirement before determining how the defense fits into the broader strategy.

What to Expect During a Denton County Criminal Case

After an arrest, a defendant generally appears before a magistrate for a formal reading of the charge and a discussion of bail. Felony sexual assault of a child cases are heard in the Denton County district courts at the Denton County Courts Building. The timing of each stage varies based on the evidence, legal issues, court schedule, and circumstances of the case.

During the pretrial process, we review the prosecution’s evidence and information exchanged under criminal procedure. The evidence can include:

• Witness statements
• Digital records
• Forensic materials
• Interview recordings
• Law enforcement reports

We analyze whether this evidence supports each statutory element and identify factual or legal issues that may affect the case. Pretrial motions and hearings may address statements, evidence, or other disputed matters.

If the case proceeds to trial, a local jury hears the evidence and determines whether the prosecution has met its burden. Focused preparation allows the defense to address the actual allegations and admissible evidence.

Discuss the Accusation in a Confidential Case Evaluation

Early legal guidance can clarify the filed or anticipated charge, the court process, and issues that require immediate attention. We provide free, in-person, no-obligation case evaluations and offer affordable payment plans for representation. Our contact form provides another confidential way to reach our team.

Our familiarity with Denton County judges, prosecutors, and criminal procedure informs how we prepare each defense. We also maintain confidentiality throughout the representation.

Call (940) 580-2899 to speak with our Denton County statutory rape defense team and request your free case evaluation.