Was it illegal for my 15-yr-old son to have sex with his 17-yr-old gf?

[ConcernedinTexa]

I'm having a huge quandary: Although I have encouraged my teenage children to abstain from sex before they are at least 18, I decided that in addition to providing a comprehensive sex education to them, I also made sure that they had access to condoms, just in case they chose not to heed my advice. My youngest son had been going out with a girl in his class since the beginning of the school year, who happened to be two years older than he (due to improper homeschooling when she was younger), and apparently they decided to have sex. The sexual relationship continued past the girl's 18th birthday (she is two years and two months older than my son) and right before his 16th birthday, they broke a condom.

My son came to me the next morning, saying that his girlfriend wanted to get emergency contraception, but that she was afraid of getting kicked out of her parent's house if she went to them for help. I was unhappy with the situation, but as I did not want my underage son and his girlfriend to get pregnant as a result of this mistake, I took the girl to a local family planning clinic. She chose to take the Plan B pill and to go on monthly contraceptive pills. I also gave them both a lecture about their risky behavior, but I realized that it was futile to tell them they couldn't have sex anymore, because then they would just lie to me about it. When the girl ran out of her monthly bc pills, I helped her get more, but encouraged her to try to talk to her parents about it. She was adamant that she could not talk to them, or risk losing her home.

Last week, the girl's parents searched her room (because they said that she "hoards food"...?) and found her Plan B literature and her bc pill pack. Her stepfather called me and told me to "come get her" as she was no longer welcome in his house. He also accused me of "taking her to get an abortion", because he has a moral issue with Plan B and considers it to be an "abortion pill". When I showed up at the girl's house, I was also told by the girl's parents that I could be held responsible for "contributing to the delinquency of a minor" (my son) by providing his girlfriend with a ride to get emergency contraception and monthly contraception. However, the parents decided not to make the girl leave after all, so I left her there and went home. I will say that after meeting her parents, I can understand why she did not feel she could confide in them; they appear to be very controlling and close-minded people.

Sorry for the long explanation, my question is: Can my son be criminally prosecuted for having sex with his older girlfriend? Can she be prosecuted for having sex with him, in spite of the "Romeo and Juliet" clause in the Texas law? Can I be prosecuted for contributing to the delinquency of a minor by helping his girlfriend get birth control? I will say again- I am not in favor of my son having sex at his age, but I am also concerned about destroying our open communication if I forbid him to have sex. Although I felt initially that I was handling the situation in a responsible manner, after reading the Texas statutes about sexual consent, I am just confused and frustrated.

 

[Proserpina]

From a page just after Texas updated its laws:

Under Texas' version of the law, if a young adult over the age of 17 has consensual sexual relations with someone under the age of 17, but at least 15-years-old, with no more than a four-year age difference between the two, the new law will not require the older party to register as a sex offender if convicted of statutory rape.

The new law also allows those convicted under the old law to clear their names. Those who had to register previously as sex offenders for consensual sexual encounters with a person under the age of 17 can ask the court to review their case. If the court finds that the sexual relationship was consensual and the offender is not a threat to the public, it can exempt the offender from future sex offender registration.

However, the new law has limits on its protections. Although the new law protects the older party in the relationship from having to register as a sex offender, it does not make the older party immune from prosecution based on other sexual-related crimes such as statutory rape.

(from attorney website, with which I am not affiliated)

The actual statute:

http://www.statutes.legis.state.tx.us/docs/pe/htm/pe.22.htm

 

[army judge]

The person sexually abusing your minor child is an adult.
What you're doing could cause your family to be scrutinized by CPS.
You're permitting, some might say aiding and abetting, an adult female to sexually predate your minor son.
I suggest you seek the advice and counsel of a Texas licensed attorney.
You might also be encouraged to discuss the entire ticking legal time bomb with the minor child's father.
You may have already been reported to CPS.
I also suggest you get the young boy enrolled in a good therapy program.
It isn't unusual for sexually abused children to have great difficulties as they become adults.

Last, but certainly not least, your minor child is the ONLY one without blame.
He has been sexually abused, molested, and ravished at the hands of a female, sexual predator.
He needs your love, his dad's love, a therapist, and hopefully he can be helped.

 

[mightymoose]

The girlfriend is the one who had most to worry about. If you continue to allow your minor son to have sex with the adult female you could find yourself in a jam. Your son is the only one with nothing to worry about.