Legal Question

[Jeff Lebowski]

I understand that Texas law forbids marriage for people under the age of 16. However, the FLDS plural marriages are not legal marriages recognized by the state. Rather, they are unofficial "spiritual" marriages. As such, do these cases then fall under statutory rape law? I am under the impression that most states define SR as sex between and adult (18+) and a juvenile (younger than 18). As such, it seems that any pregnant girls under 18 would be raising red flags. But this doesn't seem to be the case. What am I missing?

[K-dog]

Originally Posted by Jeff Lebowski

I understand that Texas law forbids marriage for people under the age of 16. However, the FLDS plural marriages are not legal marriages recognized by the state. Rather, they are unofficial "spiritual" marriages. As such, do these cases then fall under statutory rape law? I am under the impression that most states define SR as sex between and adult (18+) and a juvenile (younger than 18). As such, it seems that any pregnant girls under 18 would be raising red flags. But this doesn't seem to be the case. What am I missing?

IIRC, the age of consent in Texas is 16 regardless of the age of the other party. That may or may not be correct. Anyway, statutory rape is a question of minority in terms of "age of consent" in Texas not minority in terms of "voting age."

[K-dog]

Originally Posted by KiteRider

Are you serious? In Texas any old pervert can have sex with any young thing, as long as she is sixteen and 'consents?'

Wow.

16 seems appropriate to me. Lots of 16 year old girls fended off my clumsy advances in my teens, I don't see why they can't be expected to fend off the advances of someone older.

[pelagius]

The age of consent is 17. From Wikipedia

Texas

The age of consent in Texas is 17 {Texas Penal Code Section 21.11}. However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender {Section 21.11(b)}.

However, until 2005 it was 16. When the FLDS rolled into the state, a law was passed the raised the age to 17 and the parental consent marriage age from 14 to 16.

I am under the impression that most states define SR as sex between and adult (18+) and a juvenile (younger than 18). As such, it seems that any pregnant girls under 18 would be raising red flags. But this doesn't seem to be the case. What am I missing?

Jeff, the state argued this was abuse at trial. So that state didn't ignore it. Are you asking why there hasn't been a criminal prosecution?

[Jeff Lebowski]

Originally Posted by pelagius

The age of consent is 17. From Wikipedia



However, until 2005 it was 16. When the FLDS rolled into the state, a law was passed the raised the age to 17 and the parental consent marriage age from 14 to 16.



Jeff, the state argued this was abuse at trial. So that state didn't ignore it. Are you asking why there hasn't been a criminal prosecution?

No, I just thought I had heard someone in the media talking about Texas changing the legal age for marriage to 16 and they remarked that it was partially due to FLDS concerns. But I was wondering why this would apply since they don't officially marry. That got me to wondering what law did apply.

Thanks for the info.