Texas’ Former Law
Under
Texas’ former law, if two teenagers engaged in consensual sexual
relations and one of the teens was 17 or older and more than 3 years
older than their partner, then the older partner could be charged in
criminal court with statutory rape. If convicted, the older teen would
be required under the law to register as a sex offender for life.
Romeo and Juliet Law
In
Texas, a new law took effect on September 1, 2011, that prevents
teenagers and young adults who engage in consensual sexual relations
with a teenager under the age of 17 from being labeled as sex
offenders. Ofter referred to as a "Romeo and Juliet" law, this new law
is designed to exempt teenagers and young adults from having to register
as sex offenders and being labeled as such just because their
consenting partner is under the age of 17.
This
exemption only applies if there is no more than a 4 year age difference
between the two young people and if the consensual sexual relations are
between a teenager or young adult over the age of 17 and a teenager
under the age of 17. Additionally, for the new law to apply, the
purported "victim" of the sexual encounter must be at least 15 years of
age.
Significantly,
this new Romeo and Juliet law will not prevent the adult individual
from facing prosecution for an underlying crime such as sexual assault
of a child, but it does exempt the accused from registering as a sex
offender.
Additionally,
the new law allows people already required to register as sex offenders
as a result of consensual sexual encounters with teenagers under the
age of 17 under the former law to petition courts to review their cases
for de-registration. Judges will hold hearings to review the testimony
and evidence of the cases against the petitioners to determine whether
the sexual relations between the "victim" and petitioner were
consensual. The judges will also determine if the petitioner is a
"threat" to public safety and whether it is in the best interests of the
"victim" and of justice. If the judges so determines that the facts
allow for it, petitioners will be allowed to de-register and to be
exempt from future sex offender registration requirements
For
young people already required to register as sex offenders following
consensual sexual encounters with teenagers under 17-years-old under the
previous law, the new law permits them to petition courts to review
their cases. To determine whether the relationship between the
petitioner and the “victim” was consensual, courts will hold hearings to
review the testimony and evidence of the cases against the
petitioners. Also, courts will determine if the petitioner is a
“threat” to the public; if not, and if the facts of the cases allow,
petitioners will be exempt from future sex offender registration
requirements.
How the Law Changed
Introduced
by Sen. Royce West (D-Dallas) and Rep. Todd Smith (R-Euless), the Romeo
and Juliet law was signed by the governor and enacted after its second
introduction to the Texas Legislature. A similar bill passed both
houses of the Texas Legislature in 2009 but was vetoed by Governor Rick
Perry because he claimed that it did not "adequately protect young
victims" because it had a lower threshold age of 13 for the purported
victim.
The
intention of sex offender registries is mainly to keep the public and
local authorities aware of the locations of sexual predators whom the
state believes may pose a threat to the public -- the registries are not
intended to encompass teenagers and who engage in consensual sex.
The Romeo and Juliet law is meant to distinguish between teenagers who made a mistake and actual sexual predators.
Those
labeled as sex offenders, including teenagers, could face a lifetime of
sex offender registration and many other collateral consequences, such
as difficulty in finding good employment, housing, negative social
stigmas and being unable to attend their children's church or to spend
time with young family members.
Therefore, the new Romeo and Juliet law
in Texas provides an opportunity for teenagers and young adults facing
the possibility of or who are already forced to register as sex offenders
an opportunity for a productive future. It is important to speak with
an experienced criminal defense attorney about petitioning for a case
review and possibly having the sex offender registration requirement
removed if you or a family member has already been required to register
as a sex offender for engaging in sexual relations with a partner under
age 17 and may fit the requirements of the new law.
Houston Criminal Attorney James Sullivan
represents adults and juveniles accused of sex offenses. He has
successfully petitioned juvenile clients to be allowed to de-register
from the sex offender registry and looks forward to helping adult
clients do the same under the new law. You can call James Sullivan at 281-546-6428 for a free consultation.
