Question.... Developing.

[CardinalBacker]

Beaumont Enterprise broke this story today. 
 

This is the hidden content, please

• Sign In
• or
• Sign Up

 

Can anybody from Jasper say if this was an underaged girlfriend type situation or is something more sinister being alleged?

[AggiesAreWe]

52 minutes ago, CardinalBacker said:

Beaumont Enterprise broke this story today. 
 

This is the hidden content, please

• Sign In
• or
• Sign Up

 

Can anybody from Jasper say if this was an underaged girlfriend type situation or is something more sinister being alleged?

My bet it's an underage girl and not a small child.

Young man just signed a football scholarship.

[THE DUDE]

36 minutes ago, AggiesAreWe said:

My bet it's an underage girl and not a small child.

Young man just signed a football scholarship.

did he sign with BAYLOR?

[Morris_era]

1 hour ago, THE DUDE said:

did he sign with BAYLOR?

I think  Texas A&m Commerce 

[tvc184]

Just going by the law... Aggravated Sexual Assault of a Child is having penetration sexual  intercourse (not merely fondling, touching or showing) with a child... “under” 14 whether with consent or not. 

 I have no idea of the facts or even accusations but I do know the Penal Code. 

[tvc184]

And in the for what it’s worth Department...

A person is an adult in Texas at 17 for criminal law purposes. That also includes sex with consent.
 

But ... if it is with consent then it is lawful if a child under 17 but older than 13 (which would be aggravated) is not more than 3 years younger. I believe the way the law is applied is not calendar years but day for day. For example if one party is 18 and the other is 15, that may still be illegal if the 18 year old is 3 1/2 years older. 

[CardinalBacker]

5 hours ago, tvc184 said:

And in the for what it’s worth Department...

A person is an adult in Texas at 17 for criminal law purposes. That also includes sex with consent.
 

But ... if it is with consent then it is lawful if a child under 17 but older than 13 (which would be aggravated) is not more than 3 years younger. I believe the way the law is applied is not calendar years but day for day. For example if one party is 18 and the other is 15, that may still be illegal if the 18 year old is 3 1/2 years older. 

This is the hidden content, please

• Sign In
• or
• Sign Up

 

Not the code, but more of an explanation. Most educators and LEOs that I know hate this legislation. 2 years, 364 days is okay. 3 years and 1 day is a felony. Plus you have some kids whose parents don’t care... so THIS kid had a freshman GF and it’s ok but THAT kid looking at jail time because this other girl’s parents were not. 
 

I’m also self aware enough to know that if 17 year old me was getting pictures of fur/early morning dew and an invitation to come over, I would have probably gone through that window.  The only problem is that if it goes wrong she gets grounded and he goes to jail. There’s really not any flexibility as far as the law is concerned once the ball gets rolling. 
 

Thats the reason I was curious as to whether the state was alleging that something less “consensual” had occurred. 

[AggiesAreWe]

Saw some posts on Facebook commenting about this being a racial scenario. Saying the law were being racists about this situation.

Makes me think the girl is white.

[CardinalBacker]

2 hours ago, AggiesAreWe said:

Saw some posts on Facebook commenting about this being a racial scenario. Saying the law were being racists about this situation.

Makes me think the girl is white.

I wondered about the same thing. 

Honestly, though... the police won't act without a report.  Once the report is made, they're obligated to investigate.  

[SmashMouth]

Makes me think of all the “teenage boy has affair with smokin hot older teacher” scenarios. You can bet your sweet arse it wasn’t the young man who turned the teacher in. Lol. Parents see a text or follow some weird behavior and pretty soon the fantasy come to life is gone. 😎

[THE DUDE]

6 hours ago, AggiesAreWe said:

Saw some posts on Facebook commenting about this being a racial scenario. Saying the law were being racists about this situation.

Makes me think the girl is white.

how can a law be racist?  she is either under age or not.

[AggiesAreWe]

5 hours ago, THE DUDE said:

how can a law be racist?  she is either under age or not.

I agree.

[CardinalBacker]

1 hour ago, AggiesAreWe said:

I agree.

The parents of the minor child typically have some sway in regards to whether the state moves forward or not. If the parents do not want their child to have to testify (with all of the social consequences that can bring about) they can be less than cooperative with authorities and even request that the youthful offender NOT be prosecuted. It typically comes down to just how angry those parents are. 
In addition to the sexual assault charges there was an additional charge that makes it seem like maybe the whole scenario may not have been totally friendly. I don’t know how this works out.  
I’m he was released from his LOI by TAMU Commerce today. 

[CardinalBacker]

There’s also a 10 year statute of limitations... that means that for 10 years after the offense, the young woman can still request that officials pursue her “attacker.”  Rape is rape and indefensible. We all can see “consensual” situations that are also indefensible.
But situations where both parties were willing and ages are not that far outside of being legal are so messy. Two kids can get themselves into a mess that leaves one grounded and the other on the sex offender registry. 

[tvc184]

1 hour ago, CardinalBacker said:

There’s also a 10 year statute of limitations... that means that for 10 years after the offense, the young woman can still request that officials pursue her “attacker.”  Rape is rape and indefensible. We all can see “consensual” situations that are also indefensible.
But situations where both parties were willing and ages are not that far outside of being legal are so messy. Two kids can get themselves into a mess that leaves one grounded and the other on the sex offender registry. 

I believe the limitations on sexual assault of a child is lifetime. I believe they did away with the 10 year limitation. Even when I was in detectives, it wasn’t 10 years but 10 years past the victim’s 18th birthday. 

[tvc184]

17 hours ago, CardinalBacker said:

This is the hidden content, please

• Sign In
• or
• Sign Up

 

Not the code, but more of an explanation. Most educators and LEOs that I know hate this legislation. 2 years, 364 days is okay. 3 years and 1 day is a felony. Plus you have some kids whose parents don’t care... so THIS kid had a freshman GF and it’s ok but THAT kid looking at jail time because this other girl’s parents were not. 
 

I’m also self aware enough to know that if 17 year old me was getting pictures of fur/early morning dew and an invitation to come over, I would have probably gone through that window.  The only problem is that if it goes wrong she gets grounded and he goes to jail. There’s really not any flexibility as far as the law is concerned once the ball gets rolling. 
 

Thats the reason I was curious as to whether the state was alleging that something less “consensual” had occurred. 

For aggravated (other than treat of death, serious injury) sexual assault merely by age, she had to be 13 or younger. If Tods happened recently, you have a high school graduate or nearly so, having as fling with an 8th grader unless she was a grade ahead of her she. 
 

If a 17 year old sent you such a photo, you’d better not tell anyone and delete it immediately. Any age can have sex with a 17 year old in Texas but a photo of anyone under 18 such as you described is a felony under both state and federal law. 

[TxHoops]

2 hours ago, CardinalBacker said:

The parents of the minor child typically have some sway in regards to whether the state moves forward or not. If the parents do not want their child to have to testify (with all of the social consequences that can bring about) they can be less than cooperative with authorities and even request that the youthful offender NOT be prosecuted. It typically comes down to just how angry those parents are. 
In addition to the sexual assault charges there was an additional charge that makes it seem like maybe the whole scenario may not have been totally friendly. I don’t know how this works out.  
I’m he was released from his LOI by TAMU Commerce today. 

I know of a case right now, where a young man who is about 38 months older than the “victim” is charged with the sexual assault.   Black guy, white girl, consensual relations.  Same “victim” is also now pregnant with another guy’s child, said guy older than the one who has been charged with a felony.   Baby daddy is not black and no charges have been filed on him - “victim” and he are still a couple and her family has never filed a complaint with law enforcement. 
 

Maybe that can clear it up for some of you how race can be a factor.  

[tvc184]

25 minutes ago, TxHoops said:

I know of a case right now, where a young man who is about 38 months older than the “victim” is charged with the sexual assault.   Black guy, white girl, consensual relations.  Same “victim” is also now pregnant with another guy’s child, said guy older than the one who has been charged with a felony.   Baby daddy is not black and no charges have been filed on him - “victim” and he are still a couple and her family has never filed a complaint with law enforcement. 
 

Maybe that can clear it up for some of you how race can be a factor.  

Is there the same evidence? 

When I wasIn detectives, I  had a pregnant 13 year old victim when it was his words against hers and the DA would take the case. I asked him for a formal statement and he refused with his mother accusing me of racism. The 13 year old victim was of the same race as the suspect so I am not sure where the thought came from. But, the case rocked along until the baby was born and DNA came into play. He went to prison. 

 Being pregnant and “everybody knows” doesn’t exactly meet a legal standard for an indictment. Likes my case, are they waiting for proof? Did the victim give an interview making the guy 38 months older but not against the “older guy”?

[CardinalBacker]

Scenario... 17 year old senior and 14 year old freshman... 3 years’ plus difference in age. Nude photos are exchanged, invitation to come visit offered, 17 year old sneaks into 14 year old’s house.  Parents become aware, police are contacted, statement given by 14 year old. By law a crime has been committed and 17 year old should be tried as an adult. 14 year old loses phone privileges. 
 

The only reason this kid wasn’t prosecuted was because the 14 year’s parents eventually chose not to pursue the matter. If she’d been 13 they would have had no say in the matter is my understanding. If the 17 year old had been “of color”  the 14 year old’s parents might not have been so willing to stand down.... hence the racial angle. 
 

It’s rough because you can have the exact same relationship (senior/freshman) and it’s okay based on the three year rule, or because those parents are cool with it. 
 

And none of these analogies matter if the contact here was malicious or the young lady (and I’m assuming the victim is female) was younger than 14 like TVC was saying. I say that about the victim being female because I know of a similar situation where both parties were male and the parents of the younger man were LIVID.... like, out for blood. I’ve always wondered if they’d have been so worked up if he’d gotten caught going to town on an older girl. 
 

The course of this young man’s life has been altered regardless. That’s a bummer for him. 

[SmashMouth]

7 hours ago, TxHoops said:

I know of a case right now, where a young man who is about 38 months older than the “victim” is charged with the sexual assault.   Black guy, white girl, consensual relations.  Same “victim” is also now pregnant with another guy’s child, said guy older than the one who has been charged with a felony.   Baby daddy is not black and no charges have been filed on him - “victim” and he are still a couple and her family has never filed a complaint with law enforcement. 
 

Maybe that can clear it up for some of you how race can be a factor.  

I’m not saying it can’t be a factor, but only the limited information given based on your limited knowledge is being considered. 

[TxHoops]

10 hours ago, SmashMouth said:

I’m not saying it can’t be a factor, but only the limited information given based on your limited knowledge is being considered. 

Who said my knowledge was limited?

[TxHoops]

17 hours ago, tvc184 said:

Is there the same evidence? 

When I wasIn detectives, I  had a pregnant 13 year old victim when it was his words against hers and the DA would take the case. I asked him for a formal statement and he refused with his mother accusing me of racism. The 13 year old victim was of the same race as the suspect so I am not sure where the thought came from. But, the case rocked along until the baby was born and DNA came into play. He went to prison. 

 Being pregnant and “everybody knows” doesn’t exactly meet a legal standard for an indictment. Likes my case, are they waiting for proof? Did the victim give an interview making the guy 38 months older but not against the “older guy”?

It is not disputed as to the father of the child she is carrying.  The difference is the family didn’t report the crime and “file charges.”   The young man against whom a complaint was filed happens to be African American.   Her current “boyfriend” is of the same race and is actually older than the other young man who is charged. 

[CardinalBacker]

11 minutes ago, TxHoops said:

It is not disputed as to the father of the child she is carrying.  The difference is the family didn’t report the crime and “file charges.”   The young man against whom a complaint was filed happens to be African American.   Her current “boyfriend” is of the same race and is actually older than the other young man who is charged. 

To quote the great poet and philosopher Calvin Broaddus, aka Snoop Dogg...

“It ain’t no fun if the homies can’t have none.”

 

[tvc184]

2 hours ago, TxHoops said:

It is not disputed as to the father of the child she is carrying.  The difference is the family didn’t report the crime and “file charges.”   The young man against whom a complaint was filed happens to be African American.   Her current “boyfriend” is of the same race and is actually older than the other young man who is charged. 

Just to try to get it correctly, no outcry has been reported to the police but they should have investigated?

[SmashMouth]

2 hours ago, TxHoops said:

Who said my knowledge was limited?

Unless you are the parents charging the young black man and not the older young white man then you don’t know exactly why they made that choice. Could be racial. Could be because the white kid has a family with money, could be because the white kid is better to the girl, could be because a number of things that you don’t know because you have limited knowledge.