Learn about the punishments and possible defenses for incest and family rape in Texas
If you live in Texas, there are some things that are against the law pertaining to your family. If you make the decision to engage in a sexual act with a family member, then you can be charged with incest. Any unwanted sexual activity committed with a person who isn’t of the legal age is usually considered rape, with possible other charges considered.
Even if the accusation is false, the mere charge of family rape can derail your livelihood, reputation and much more. For this reason, it’s imperative that you speak with Houston defense attorney Matt Sharp if you face a serious sex crime charge.
How is “rape” and “consent” defined in Texas?
Rape is considered “the intentional or knowing act of penetration by a sexual organ into another.” Rape can also be classified as using the mouth with the sexual organ of another person. Statutory rape usually involves a victim who is under the age of consent. In most situations, the age is 18—unless otherwise stated.
Rape occurs when one person doesn’t consent or allow the other to commit the sexual activity that is performed. The act is also considered rape if the victim is unconscious or has a mental disorder that prevents the person from agreeing to the sexual act.
If you know that a child or elderly individual has been raped, you are required to make a report so that an investigation can be made.
Texas incest laws
Incest involves 2 people who are related who engage in sexual activities, whether they are wanted or unwanted. If they are unwanted by the victim, then the person committing the crime can be charged with rape as well as incest. The exact charges will depend on the type of sexual activity that took place and the circumstances surrounding the parties involved.
It’s also illegal for 2 people who are related to marry one other, as this can be considered incest.
You can be charged with incest if you marry someone who is at least a first cousin or a closer relation.
If you were to marry a first cousin or another relative, the marriage would be upheld in Texas, but you could still be charged with incest. If you are charged and convicted of rape or incest in Texas, you can be punished to the fullest extend of the law.
According to Sec. 25.02 (PROHIBITED SEXUAL CONDUCT.), incest is defined as follows:
(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1) the actor’s ancestor or descendant by blood or adoption;
(2) the actor’s current or former stepchild or stepparent;
(3) the actor’s parent’s brother or sister of the whole or half blood;
(4) the actor’s brother or sister of the whole or half blood or by adoption;
(5) the children of the actor’s brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.
Punishments for family rape in Texas
After being charged with rape or incest, you should contact an experienced attorney who can analyze your case and determine the best next steps. Sexual assault and aggravated sexual assault can be attached to rape charges, which could also lead to longer jail time and higher fines. The court will also look at your criminal background before giving your sentence.
In most situations, you face between 2 and 20 years in prison. If you’re convicted of aggravated sexual assault, then you could spend between 5 and 99 years in prison, depending on the condition of the victim. Most convictions are attached to a $10,000 fine or higher, subject to the circumstances of your individual case.
If you’re charged and convicted of incest, then you could spend up to 20 years in jail. This conviction is also attached to a $10,000 fine in most cases. If the crime doesn’t involve a parent and child, then you could be sentenced to spend up to 10 years in jail, but the fines would still be the same.
Possible defenses for incest charges
If you’re accused of rape or incest, you want to be honest with your attorney so that a proper defense strategy can be put in place.
One of the most common defenses is claiming that you’re innocent. You could be wrongfully accused of the charges against you. If you can prove that another person committed the crime or if you can prove that the person making the accusations did so in a retaliatory manner, then you might be able to use that as a defense in court.
Any physical evidence that you can provide to prove your innocence—such as receipts showing that you were at another location or witness statements—can be beneficial when you go to court.
Another defense that could be used is consent. You could claim that the victim actually consented to the sexual act. However, this defense only applies if both parties are above the age of consent in Texas, which is 17 years old. You would still admit to having sex of some type, but the defense would be that the person you committed the act with agreed instead of refused.
If you’ve been accused of family rape or incest in Texas, the first step you should take is to contact an experienced attorney. For Houston residents, call the Law Office of Matthew D. Sharp. We’ll review your case and come up with the best possible defense.
