12 Feb 2016
That’s the claim in a recent article from KXAN News. The thrust of the report is that victims of sex abuse who are 17 years old are not protected under Texas law. It sounds like the folks at KXAN have uncovered a major mistake by the Texas legislature, but in fact, that is simply not the case, at least the way we look at it.
The report recounts the story of a 17-year old girl who says that she was molested by a youth pastor at her church a number of years ago. The author of the article complains that the improper touching that allegedly took place does not permit a prosecution under section 21.11 of the Texas Penal Code, entitled “Indecency with a Child,” because that section only applies to children who are 16 years of age or younger. From there, the article jumps to the conclusion that 17-year olds are unprotected when it comes to child sex laws.
It’s an interesting argument, but really, it has to do with choices. When the legislature passes criminal laws, it makes decisions on when, and under what circumstances, the law should apply. Here, the decision was made that the law (Indecency with a Child) is a felony that should apply to victims who are under 17. The lawmakers could, if they had chosen, put the cutoff at 15, or 18, for that matter. So the claim that the 17-year olds are unprotected is simply a recognition that the law applies to children of certain ages.
In fact, the age cutoff issue appears in numerous spots in the laws governing sex crimes. Section 22.011(Sexual Assault), for example, contains provisions that are applicable only to child victims who are under the age of 17.
In any event, the article suggests that when a 17-year old is molested, he or she is left unprotected by the criminal justice system. But the conduct alleged in the article could be prosecuted as an assault, and although it ordinarily would be a misdemeanor, the bottom line is that 17-year olds are not unprotected – molestation is a crime no matter what the age of the victim may be. The conduct, however, has been deemed by the legislature to warrant a higher classification on the criminal scale when the victim is 16 or younger.
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Austin, TX 78701
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