Section 28-319 Sexual assault; first degree; penalty. Historically, the age of consent applied to male-female relationships; homosexual relationships were often illegal in themselves regardless of the ages. XXNX However, “public homosexuality” is an offense that carries a 20 year jail term without parole. Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America’s Sex Laws;
“The U.S. There is no defense against a charge of rape that the victim is the spouse of person committing the act {§14 27.8}. The offense will be more serious depending on relative ages, thus:
• Sex with a person under 17 is a misdemeanor if the perpetrator is at least 16 ( see infra ). Texas (between non-commercial, consenting adults in a private bedroom).
