Harris County Sex Crime Lawyers
The label “sex offender” creates different pictures or meanings in the
minds of people. Thoughts of lifetime sex offender registration and
social stigma may come to the mind of those accused. For the general
public, the label might convey thoughts of men who rape women or adults
who prey on young children.
Teenagers who engage in consensual sexual relations, however, rarely
come to mind when thinking of what constitutes a sex offender. Until
last September, teenagers or young adults who had such a relationship,
usually with their high school boyfriend or girlfriend, and were then
convicted of the related sex crimes were required to register as sex
offenders.
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 Jim 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.
Call Jim Sullivan at 281-546-6428 for a free consultation.
