It is not a big stretch at all. There is no such crime in Texas as statutory rape. The crime is sexual assault and it does not matter if the assault is by force (although that could make it aggravated) or by the female being unable to consent due to intoxication, mental capability, or age.nitrogen wrote: I'd argue that he's raping her, and as far as the law is concerned, it IS statutory rape.
That leads me to a good question. I realise it's a HUGE strech, but the law allows defense of 3rd parties from rape, does that include statutory rape as well? Does Texas look at both the same, or are they different crimes?
In the case being discussed, if the man had been having sex with a 13 year old girl, it is by legal definition sexual assault, and is the same crime as if he had held a 21 year old down against her will.