Sex with a Minor Charges in San Antonio

Statutory Rape Defense in San Antonio: 25+ Years Defending Bexar County Clients

Texas doesn’t use the phrase “statutory rape” in its Penal Code, but the charges filed under that label carry some of the harshest sentences in state law. Prosecutors file these cases under sexual assault of a child, aggravated sexual assault of a child, or indecency with a child, and a conviction can mean decades in prison, lifetime sex offender registration, and consequences that follow a person for the rest of their life. If you or someone you care about is facing a sex with a minor accusation in San Antonio, the time to act is now.

The Law Office of John J. Fox defends individuals charged with sex with a minor and related sex offenses throughout San Antonio and Bexar County. Attorney John J. Fox brings over 25 years of criminal defense experience in this community and engages professionals including investigators, medical professionals, and therapists when a case demands it. We get involved from the earliest stages, working to identify weaknesses in the prosecution’s theory before it solidifies. Sex crimes including child sexual abuse, molestation, and child pornography are among the most aggressively prosecuted offenses in Texas, and a charge alone can upend a person’s life before any verdict is reached.

Facing a sex with a minor charge in San Antonio? Call (210) 460-1221 now to speak with Attorney John J. Fox.

How Texas Law Defines Sex with a Minor

Texas sets the age of consent at 17. Any sexual conduct with a person under that age can result in criminal charges, regardless of whether the younger party appeared to consent or misrepresented their age. Because the statute treats age as a strict liability element, the prosecution doesn’t have to prove the defendant knew how old the alleged victim was. A parent, school official, or anyone else can report the offense to police, and once charges are filed, the alleged victim can’t withdraw them.

Three primary charges arise from sex-with-a-minor allegations in Texas:

• Sexual assault of a child (Texas Penal Code 22.011): Sexual conduct with a person under 17, regardless of the age difference between the parties. This is the charge most commonly associated with what people call statutory rape.
• Aggravated sexual assault of a child: Applies when the alleged victim is under 14, a deadly weapon is used, serious bodily injury results, or drugs are used to impair the victim. Aggravating factors elevate both the charge and the sentencing range dramatically.
• Indecency with a child (Texas Penal Code 21.11): Covers sexual contact or exposure involving a person under 17 and carries its own felony classification separate from assault charges.

These cases frequently arise from relationships between teenagers and young adults, social media contact, or reports made by parents or school staff. No matter the circumstances behind the accusation, the legal exposure is serious and demands immediate attention.

Penalties for a Sex-with-a-Minor Conviction in Texas

The sentences attached to these offenses are among the longest in the Texas criminal code. Understanding the range you may be facing is essential before making any decisions about your defense.

• Sexual assault of a child: Second-degree felony carrying 2 to 20 years in state prison and a fine of up to $10,000.
• Aggravated sexual assault of a child: First-degree felony carrying 5 to 99 years in state prison and a fine of up to $10,000. Under Texas Penal Code §22.021, a mandatory minimum of 25 years applies in certain circumstances, including when the victim was under 10 years of age or when the victim was under 14 and the offense involved specific additional aggravating conduct, and parole eligibility doesn’t begin until that minimum is served.
• Indecency with a child by contact: Second-degree felony with the same 2-to-20-year range. Indecency by exposure is a third-degree felony carrying up to 10 years and a fine of up to $10,000.

A conviction may also require registration with the Texas Department of Public Safety sex offender registry, either for 10 years or for life depending on the offense. There is no statute of limitations for sexual assault of a child in Texas, meaning charges can be filed at any time regardless of when the alleged conduct occurred. Beyond the sentence itself, a felony conviction can strip firearm rights, restrict where a person can live and work, limit contact with children, and for noncitizens, trigger serious immigration consequences.

Defense Strategies in Texas Statutory Rape Cases

A charge is not a conviction. Texas law recognizes specific affirmative defenses in sex-with-a-minor cases, and evidentiary and constitutional challenges can significantly affect how a case proceeds. The right approach depends on the facts, the ages of the parties, and the conduct alleged.

The Romeo & Juliet Affirmative Defense

Texas law provides an affirmative defense when the younger party was at least 14, the defendant was no more than three years older, the conduct was consensual, and the defendant doesn’t have a prior reportable conviction under the same statute requiring lifetime registration. This defense doesn’t apply to aggravated sexual assault charges and must meet all conditions to be raised. We evaluate whether it’s available based on the specific facts of each case.

The Marital Exception

Texas recognizes an affirmative defense when the accused was lawfully married to the younger party at the time of the alleged conduct. This exception has a narrow application and depends on proof of a valid marriage under Texas law.

Evidentiary & Constitutional Challenges

Mistake of age is not a recognized defense in Texas. The statute is strict liability with respect to the victim’s age, so a belief that the person was 17 or older doesn’t constitute a defense. That said, many cases can be challenged on other grounds. False accusations do arise, often in the context of custody disputes, interpersonal conflict, or misunderstandings, and a thorough defense investigates the circumstances behind the allegation. We examine witness statements, digital evidence, forensic findings, and law enforcement conduct for inconsistencies, constitutional violations, and grounds for suppression motions. When the case calls for it, we bring in nurses, medical doctors, police investigators, and therapists to build a strong defense.

What to Do After a Sex-with-a-Minor Accusation in San Antonio

The decisions made in the first hours and days after an accusation or arrest have a direct impact on how a case develops. Most of the mistakes that hurt defendants happen before they ever speak with an attorney.

• Don’t speak to police or investigators: Statements made voluntarily, even before a formal arrest, can be used against you. The San Antonio Police Department investigates sex offense allegations, and contacting a defense attorney before any police interview can significantly affect how the case proceeds.
• Don’t contact the alleged victim or their family: Even if you believe there has been a misunderstanding, contact can be treated as witness tampering or intimidation and may violate bond conditions issued by the Bexar County court.
• Preserve all digital communications: Text messages, call logs, emails, and photographs should be kept exactly as they are. Don’t delete or alter anything that could be relevant to the case.
• Follow all bond conditions: If you’ve been arrested and released on bond in Bexar County, comply with every condition and no-contact order issued by the court. A bond violation can result in immediate re-arrest.
• Don’t attend any hearing without an attorney: This includes bail hearings and arraignments. Appearing unrepresented at these stages puts you at a serious disadvantage when it matters most.

Early legal intervention allows us to begin reviewing evidence before it becomes less accessible and to engage with the prosecution before their theory of the case is set. The sooner you contact our firm, the more options we may be able to preserve for your defense.

Why San Antonio Defendants Choose The Law Office of John J. Fox

Defending a sex with a minor charge in San Antonio requires local knowledge, courtroom experience, and the resources to build a case that holds up to scrutiny. Attorney John J. Fox has defended clients in Bexar County courts for over 25 years, serves on the Board of Directors of the San Antonio Criminal Defense Lawyers Association, and has been published on criminal law topics and taught seminars on criminal defense procedure. That depth of involvement in the local legal community means we understand how these cases are prosecuted and how to respond effectively. We build defense plans tailored to each client’s situation, working with nurses, medical doctors, police investigators, and therapists when the case calls for it, and we pursue every available avenue, from pre-charge intervention to suppression motions to negotiation with prosecutors, to seek the best possible outcome.

If you or someone you know is facing a statutory rape charge or a related sex offense in San Antonio, contact The Law Office of John J. Fox today for a free consultation. Call (210) 460-1221 to speak directly with Attorney John J. Fox.