Texas teen dating laws
Texas's Romeo and Juliet law, though, offers protections for consensual sex between underage opposite-sex partners that do not apply to underage same-sex partners.
However, in 2005, the Kansas Supreme Court held that the part of that state's statute excluding same-sex sexual encounters from its Romeo and Juliet law was discriminatory and unconstitutional (State v. The fate of the Kansas Romeo and Juliet law suggests that Texas's similar law could also be subject to constitutional challenge.
In Texas, statutory rape includes sexual penetration and sexual contact between an adult and someone younger than 17.
"Family violence" means:(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or(3) dating violence, as that term is defined by Section 71.0021. But if Jen and Tony are and living in Texas, Tony need not fear criminal charges for having consensual sex with Jen.This is because Texas has a marital exemption to the state’s statutory rape laws.However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.