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In May 2004, the Georgia Supreme Court overturned Dixon’s conviction, stating that he should’ve been prosecuted on the lesser charge of misdemeanor statutory rape, which carries a maximum sentence of one year.He walked out of prison on May 3, 2004, at age 19, a free man.(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. An affirmative defense does not bar arrest and prosecution.It is an issue that the defense must raise at trial.She claimed it was rape, he claimed it was consensual, and a jury acquitted him of the charges.However, because of their age difference, the jury still found Dixon guilty of statutory rape and aggravated child molestation, and sentenced him to a mandatory 10 years in prison under Georgia law.But if these teens are having sex, and you live in a state where prosecutors aggressively enforce the law, it’s possible that your son could be charged with statutory rape.Take, for example, the widely publicized case of Marcus Dwayne Dixon, an 18-year-old high school honor student and star football player who had sex with a 15-year-old female classmate.

I do appreciate your web site and found some of the ages ammusing, but almost got caught with my pants down over the 17 year age, thank you for your time EDITOR: We do NOT agree with your interpretation.

We have re-verified the law ( and it clearly states that it is a defense to having sexual intercourse with a person UNDER 17 if the accused is within three years of age.

We stand behind our entry that the age of sexual consent in Texas is 17.

Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.

Federal law makes it criminal to engage in a sexual act with another person who is between the age of 12 and 16 if they are at least four years younger than you.