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Any defense under either law, however, does not apply to the separate crime of "improper educator/student relationship" (sexual relations between a licensed teacher or school employee and a student of the same school), or for "aggravated sexual assault" (the forcible rape statute of Texas law).
Until the late 1970s, sex involving an adult female and an underage male was often ignored by the law, due to the belief that it is often sexual initiation for the younger male.
In the past, the solution to such problems was often a shotgun wedding, a forced marriage called for by the parents of the girl in question.
This rationale aims to preserve the marriageability of the girl and to prevent unwanted teenage pregnancy.
Another rationale comes from the fact that minors are generally economically, socially, and legally unequal to adults.Some jurisdictions have passed so-called "Romeo and Juliet laws", which serve to reduce or eliminate the penalty of the crime in cases where the couple's age difference is minor and the sexual contact would not have been rape if both partners were legally able to give consent.Such laws generally apply to a couple whose ages differ by less than a specified number of years.They are, however, generally unavailable in any case where the older participant has an authoritative position over the younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship, or if any physical force was used or serious physical injury resulted.
This is normally accomplished by making acts involving these circumstances separate crimes to which the "Romeo and Juliet" defense does not apply. It provides an affirmative defense to a charge of sexual assault if all of the following apply: A similar affirmative defense exists in the Texas Penal Code for the related crime of "continuous sexual abuse of a young child or children".
Under such terms, if the adult is, for instance, less than three years older than the minor, no crime has been committed or the penalty is far less severe. Statutory rape laws are based on the premise that an individual is legally incapable of consenting to sexual intercourse until that person reaches a certain age.