Statutory Rape

Statutory Rape Lawyer in Georgetown, Texas

Former Prosecutors Defending Felony Sex Crime Charges in Williamson County

What most people call “statutory rape” is charged in Texas as sexual assault of a child under Texas Penal Code Section 22.011. It’s a felony offense, and a conviction can mean prison time, a permanent record, and lifetime sex offender registration. James Winters and Veronica Chidester both prosecuted felony sex crime cases before founding this firm. That background shapes how we build every defense.

If you or someone you know is facing a charge like this in Georgetown or anywhere in Williamson County, contact us now for a free consultation. We handle cases in both English and Spanish. Call (512) 961-4555.

How Texas Defines Statutory Rape

Texas law doesn’t use the phrase “statutory rape.” The offense is prosecuted under Texas Penal Code Section 22.011, which defines sexual assault of a child as any sexual contact with a person under 17. The statute covers a range of prohibited conduct, and it doesn’t require the prosecution to prove force was used. Consent is not a defense when the alleged victim is under 17.

The charge can escalate to aggravated sexual assault under Texas Penal Code Section 22.021 if additional factors are present, such as causing serious bodily injury, using a deadly weapon, or acting with another person. Under Section 22.021, the minimum sentence increases to 25 years when the alleged victim is younger than 6, or younger than 14 and the offense involves penetration as defined under that statute. Claiming ignorance of the alleged victim’s age is not a valid statutory defense in Texas.

Penalties for a Conviction Under Section 22.011

A conviction under Section 22.011 is generally a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000. If the alleged victim is someone the defendant was legally prohibited from marrying, the charge escalates to a first-degree felony, punishable by 5 to 99 years or life in prison. Aggravated sexual assault under Section 22.021 carries the same first-degree felony range.

The courtroom consequences are only part of the picture. A conviction triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure, with lifelong implications for where you can live, where you can work, and what professional licenses you can hold. A Child Protective Services investigation may also follow.

Why Former Prosecutors Make a Difference Here

James Winters spent nearly 10 years prosecuting felony and misdemeanor cases in Travis County, with additional felony prosecution experience in Bell County. Veronica Chidester served at the Travis County District Attorney’s Office, the Travis County Attorney’s Office, and the Texas Attorney General’s Office. At the DA’s office, she reached the role of chief misdemeanor and family violence prosecutor and handled felony cases in the criminal trial court division. Together, our attorneys bring approximately 20 years of prosecutorial experience to every defense we build.

Knowing how Williamson County prosecutors approach felony sex crime cases isn’t a general advantage. It’s specific: how evidence is gathered, how witnesses are prepared, where charging decisions get made, and where cases tend to be weak. James and Veronica have also worked as a trial team since law school, when they were mock trial partners, and that continuity carries through in how we prepare and argue cases today.

We handle both state and federal criminal charges and provide counsel tailored to each client’s specific circumstances, with open communication throughout the process.

Talk to a Statutory Rape Defense Attorney in Georgetown Today

Charges under Section 22.011 move quickly once filed, and the decisions made early in a case matter. Winters & Chidester offers free consultations to Georgetown residents and anyone facing charges in Williamson County, including Round Rock, Cedar Park, Leander, Hutto, Pflugerville, and Travis County. Services are available in English and Spanish.

Call (512) 961-4555 to schedule your free consultation with Winters & Chidester.

Defenses to Statutory Rape Charges Under Texas Law

Several recognized defenses apply to charges under Texas Penal Code Section 22.011, but each carries strict conditions. Which ones apply depends entirely on the facts of the case.

The Romeo-Juliet Affirmative Defense

Section 22.011(e) provides an affirmative defense when the defendant was no more than three years older than the alleged victim, the alleged victim was at least 14 years old, and the defendant had no prior reportable sex offense conviction or lifetime registration requirement. This is an affirmative defense raised in court, not an automatic exemption. A person who qualifies can still be arrested and prosecuted. The defense must be formally raised, and prosecutors test its limits aggressively. Meeting the age requirements doesn’t mean the defense will succeed.

Marital Exemption

A separate affirmative defense under Section 22.011(e) applies if the defendant was legally married to the alleged victim at the time of the alleged offense. Like the close-in-age provision, this must be raised as an affirmative defense in court.

Medical Care Defense

When the alleged conduct consisted entirely of legitimate medical care for the child and involved no prohibited sexual contact, a non-affirmative defense may apply. The specific facts of what occurred and in what context are critical to raising it.

Other Defense Approaches

Depending on the facts, a defense may also involve challenging the credibility of witnesses, contesting physical or digital evidence, or establishing an alibi. While mistaken age isn’t a valid statutory defense under Texas law, how the facts are presented to a jury can still matter.

Williamson County Courts for Statutory Rape Cases

Sexual assault of a child is a felony, so cases in Williamson County are prosecuted by the Williamson County District Attorney and assigned to one of three district courts: the 26th, 277th, or 368th. Each court has its own judge and prosecution team. All felony hearings are held at the Williamson County Justice Center in Georgetown, which serves as the county seat for cases arising throughout the county, including Round Rock, Cedar Park, Leander, Hutto, and Pflugerville.

Williamson County felony cases typically take six months to two or more years to resolve, depending on the charge level and whether the case goes to trial. The county’s docket generally moves faster than Travis County’s, which affects how much time the defense has to work before docket pressure builds. Understanding how the local courts and prosecution teams operate is part of what we bring to every case we handle here.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

View All Results

Case dismissed Juvenile Weapons Offense
We were able to secure a dismissal on behalf of a juvenile facing a weapons offense, which is harshly prosecuted in Texas.
Case dismissed Family Violence
We secured a dismissal "in the interest of justice" on behalf of a client who was accused of family violence.
Case Dismissed Aggravated Assault with a Deadly Weapon
Our client was charged with aggravated assault with a deadly weapon family violence. We were able to get the case reduced to a misdemeanor and ultimately dismissed.
Case Dismissed Interfering with a 911 Call
We represented a client charged with interfering with a 911 call and providing alcohol to a minor. By working closely with the client and negotiating with the prosecutor, we reached an agreement to have both cases dismissed.
Deferred Probation; No Prison Time Drug Dealing & Possession of Firearms
We represented a client charged with manufacture/delivery, facing allegations of continued drug dealing and possession of firearms. After a contested sentencing, we secured a deferred adjudication probation, allowing the client to avoid prison time.