A Houston middle school teacher has been charged with Sexual Assault Of A Child according to this story. The teacher, who is a 28 year old woman allegedly had sexual intercourse with a 15 year old student at his house.
Sexual Assault Of A Child between the age of 14-17 is a Second Degree Felony. A Second Degree Felony has a range of punishment of between 2-20 years and a fine of up to $10,000. Additionally, lifetime sex offender registration is required if a person is convicted or receives deferred adjudication for sexual assault.
The age of consent in Texas is seventeen years old. It would be immaterial as to guilt/innocence in this case if the fifteen year old boy willingly had sex with the teacher. Under the Texas law he cannot consent to have sex with the teacher. However, if he did willingly consent, it would certainly have a bearing on the outcome of any possible punishment if a plea bargain is reached.
This teacher like all accused is presumed innocent. However, although she does not appear to have any prior convictions, if she chooses to go to trial, a jury would not be permitted to consider probation if she were to be found guilty. She can receive deferred adjudication from a judge in a plea bargain with the state.
Sexual Assault accusations can lead to serious punishment. If charged with a sex crime, it is imperative to have an attorney in your corner has experience fighting sex crimes. If you or someone you know has been charged with a sex crime, call a Sexual Assault Attorney, Texas Board Certified Attorney Mario Madrid at 713-877-9400.