Search found 4 matches

by No4Mk1
Mon Apr 03, 2006 2:53 pm
Forum: General Texas CHL Discussion
Topic: Grandfather holds predator at gunpoint....
Replies: 15
Views: 2770

I went back and read the code on this.

Ref if you are interested is TX PC, Title 5, Section 22.011
http://www.capitol.state.tx.us/statutes ... #22.011.00

I am not a lawyer, but by my reading of it, statutory rape occurs if the victim is under 17. Period. However, it is an afirmitive defense to prosecution if the perp was less than 3 years older than the victim AND the victim was not under 14 years of age.

So, on the point of boy vs. girl, the gender of the victim is irrelevant. (I was wrong on that point....)

On the other point, however, as I read it any sexual act with a person under 14 is considered statutory rape, regardless of the age of the other person. As for a situation where you have, for instance, a 11 year-old boy and 13 year-old girl, how do you determine who is the perp and who is the victim? I think a number of factors would have to come into play, including who instigated the act. I believe it would be very difficult to prosecute a case like that and claim that the 11 year old was the perp, but I can't say it is beyond conception.

Just talking about this makes me want to go wash my hands with Clorox....
by No4Mk1
Mon Apr 03, 2006 11:04 am
Forum: General Texas CHL Discussion
Topic: Grandfather holds predator at gunpoint....
Replies: 15
Views: 2770

The exact same thing crossed my mind..... Of course, the father never states the age of the "young man", but my understanding of the law in Texas was that regardless of the age of the male, if the female is under 14 it is automatically statutory rape.

No matter, the father and grandfather both showed far more restraint than this citified Cajun would have.... In some parts of South Louisiana that "young man" would probably have become gator bait and never been heard from again.... :twisted:
by No4Mk1
Sun Apr 02, 2006 11:03 pm
Forum: General Texas CHL Discussion
Topic: Grandfather holds predator at gunpoint....
Replies: 15
Views: 2770

Grandfather holds predator at gunpoint....

3/27/06
A Case of Internet Chatting Ends with Aggravated Sexual Assault

A Lubbock grandfather is credited with holding a suspected online predator at gunpoint until police could arrive. Twenty-two year-old Brandon Ray Lewis is charged with aggravated sexual assault. The victim's grandfather says he found Lewis having sex with his 13-year-old granddaughter in front of their Northwest Lubbock home around 2:30 Monday morning.
Full Story: http://www.kcbd.com/Global/story.asp?s=4688985

I have to say, grampa showed much more restraint than I believe I would have been capable of in the same situation....

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