Texas Romeo and Juliet Law and How it Applies to Civil Cases
The Texas Romeo and Juliet Law was created to help young adults avoid potential legal consequences, like sex offender registration, for engaging in consensual sexual relations with someone close in age. Under the Romeo and Juliet law in Texas, this applies when there is a three-year age gap and the sexual relations are consensual. This keeps the older party immune from criminal procedures and potential criminal charges, and being labeled as a registered sex offender.
However, while the Texas Romeo and Juliet Law may offer an affirmative defense against criminal charges for statutory rape, it does not keep the older party immune from civil claims related to statutory rape laws or other claims related to non-consensual sex or sexual activities.
These legal complexities can arise in cases involving sexual relations and personal relationships that involve young adults. Even when consensual sexual activities occur, parents or guardians may still file lawsuits.
Parents and guardians pursuing civil action should consult an attorney to understand the legal landscape and how the Texas Romeo and Juliet law may or may not apply to younger sexual partners.
Contact our Houston personal injury lawyer team for a free consultation to learn more.
What Is the Romeo and Juliet Law in Texas?
The Romeo and Juliet law in Texas was designed to protect young lovers from being charged with sex crimes when involved in consensual sexual relations. The Texas Romeo and Juliet law protects the older party when both individuals are of the same age group or within the three-year age gap allowed, and the sexual relationship does not involve coercion. If an adult engages in sexual touching or sexual intercourse with a minor outside the age limitations set, it may still result in charges for sex offenses. The Texas Romeo and Juliet law, passed in 2007, was enacted to help those in legitimate relationships avoid legal consequences like sex offender registration. Still, legal guardians play a role in some cases, especially when evaluating the impact of the age difference on such relationships.
Texas Penal Code 22.011
Texas Penal Code 22.011 defines sexual assault and outlines the legal elements that constitute this sex crime under Texas law. This statute applies when an adult engages in sexual activity with a young adult or child without consent, including sexual intercourse or sexual touching.
In cases involving sexual relations of minors, even consensual sex may fall under statutory rape laws, depending on the age difference and whether the minor is able to legally consent. The state’s Romeo and Juliet laws also clarify situations where parents or guardians play a role, and the criminal procedures associated with convictions statutory rape.
Violating Texas law carries severe penalties and can lead to a person being labeled a sex offender, significantly impacting their life and legal rights.
Texas Law on Statutory Rape
Under Texas law, statutory rape is a sex crime that can carry serious civil and criminal consequences if an adult engages in sexual activity or sexual intercourse with a minor who cannot legally consent. The Texas Romeo and Juliet law protects certain young adults engaging in consensual sexual relations, provided the three-year age gap allowed is met and other age differences set by Texas law are followed. While the relatively new law offers an exception for qualifying relationships, civil claims can still arise when the adult partner/adults violate legal boundaries. Even if the sexual act was consensual, sexual relations outside the Texas statutory rape limits may still result in a sex offender label or civil liability.
When Was the Romeo and Juliet Law Passed in Texas?
Texas passed its Romeo and Juliet law in 2007 as part of an update to the state’s sex offender registration laws.
What Is the Purpose of the Romeo and Juliet Law in Texas?
The Romeo and Juliet law in Texas is intended to protect young adults, within the legal age difference, engaged in consensual sex acts from harsh legal penalties. Without the Romeo and Juliet law in Texas, for example, an 18-year-old could be charged with a sex crime for engaging in consensual sex with a 16-year-old. The legal implications of the sex offense for the older teen could be staggering; they might live for years as a registered sex offender, or be charged with other sex related crimes.
Texas Age of Consent for Sexual Relationships
The age of consent in Texas is 17 years old. The age of consent under Texas law means that the young adult must be at least 17 years old to consent to sexual activities.
Can a 15-Year-Old Be with an 18-Year-Old in Texas?
Yes, a 15-year-old can be in a relationship with an 18-year-old in Texas. Since they are three years apart, the Romeo and Juliet law will protect the older member of the couple.
Can a 16-Year-Old Be with an 18-Year-Old in Texas?
Yes, a 16-year-old can legally be in a consensual relationship with an 18-year-old in Texas under the state’s Romeo and Juliet law, as long as the age difference is no more than a three-year age gap and sexual relations are consensual. In this case, the age gap is only 2 years, so the law provides protection under Texas laws regarding age of consent and statutory rape.
Can a 16-Year-Old Be with a 19-Year-Old in Texas?
Yes, a 16-year-old and a 19-year-old can be in a relationship, and are protected by the Romeo and Juliet Law in Texas, so long as there is no coercion or manipulation involved.
Can a 16-Year-Old Be with a 20-Year-Old in Texas?
No. A relationship between a 16-year-old and a 20-year-old is not legal in Texas, even if it is consensual. The 16-year-old is under the age of consent, and the 20-year-old is more than 3 years older than their sexual partner. Therefore, the Romeo and Juliet law would not apply to this relationship.
Can an 18-Year-Old Date a 17-Year-Old in Texas?
Yes, an 18-year-old and a 17-year-old can be involved in a consensual relationship in Texas, since they are both above the age of consent in Texas.
Can a 17-Year-Old Be with a 19-Year-Old in Texas?
Yes, a 17-year-old and a 19-year-old can engage in a consensual relationship in Texas.
Since the 17-year-old is at or above the legal age of consent, the Romeo and Juliet law does not need to apply in this case—there are no criminal procedures for the 19-year-old based solely on age. However, the relationship must be consensual and non-exploitative; any signs of coercion, abuse, or other illegal behavior could still lead to legal consequences.
Can a 17-Year-Old Be with a 20-Year-Old in Texas?
Yes, it is legal for a 17-year-old to be in a consensual sexual relationship with a 20-year-old in Texas. The age of consent in Texas is 17, which means individuals who are 17 or older can legally engage in sexual activity with adults.
Understanding the Protections from Prosecution Under the Romeo and Juliet Law
The Romeo and Juliet law in Texas doesn’t legalize the sexual act itself because its purpose is not to change the age of consent, which remains at 17, but to offer limited protection for close-in-age, consensual relationships involving minors. Texas law still considers sexual activity with someone under 17 as a potential sex crime, even if both parties agree.
Sex Offender Registration Exemptions
The primary protection the Romeo and Juliet law offers is the ability for the older party to petition for exemption from sex offender registration. It does not automatically dismiss criminal charges, but it can be used as part of a defense strategy to reduce the long-term consequences of a conviction.
Romeo and Juliet Law Limitations in Texas
Even if an individual qualifies for protection under the Romeo and Juliet law in Texas, they could still face serious penalties because the law does not legalize the sexual activity itself. If charged, the person may still be convicted of a sex crime. These sex crimes, especially for statutory rape carry serious penalities under Texas law.
While the Romeo and Juliet law may allow the individual to avoid sex offender registration, it does not guarantee immunity from prosecution or sentencing. Courts may still impose punishment depending on the circumstances, such as whether the relationship involved deception, previous offenses, or parental complaints.
When Might the Romeo and Juliet Law Be Invoked in a Civil Sexual Abuse Claim?
The Romeo and Juliet law in Texas may be invoked in a civil sexual abuse claim when young adults are engaged in consensual sexual relations and meet the age gap limitations set by Texas law, such as the three-year age gap allowed. While the Texas Romeo and Juliet law protects some consensual relationships from criminal charges, it does not always prevent civil claims.
A claim may still proceed if the legal adult is engaged in sexual activity or sexual intercourse with a minor outside of the permitted age gap, or if the relationship violated the legal boundaries meant to protect the child’s well-being. Even when consensual sexual activities occur, the civil legal process may still consider the implications, especially in lawsuits for emotional harm or other damages.
Houston Sexual Abuse Lawyer For Civil Statutory Rape Claims
A Houston sexual abuse lawyer can help parents and guardians navigate the legal process of pursuing civil claims involving sex crimes, including those impacted by the Romeo and Juliet law. While the Texas Romeo and Juliet law protects minors from being labeled as sex offenders in for consensual sexual relations with a limited age gap, it does not prevent civil claims from moving forward, particularly when sexual relations result from coercion or falls outside of the statutory rape exceptions under Texas laws. Even if an affirmative defense applies under Romeo and Juliet laws, individuals may still face inclusion on the sex offender registry or other serious consequences for sex crime convictions.
Whether the parties are of the same or opposite sex, a civil lawsuit can address harm suffered and seek justice outside the criminal system.
To file a criminal case for a sex crime, parents need a criminal defense attorney. Our Houston sexual assault attorneys focus on securing financial compensation for victims of unwanted sexual acts.
Contact a Houston sexual abuse lawyer from our law firm for a free consultation at 713-622-7271.
