Frank Rodriguez has been a registered sex offender for 15 years. Though the sex was consensual, he pleaded guilty to charges of statutory rape in exchange for seven years probation and, by law, his name went on the list. Now, 15 years later, Rodriguez is married and has four children with Nikki, the woman he's said to have wronged.
The couple says that when Nikki, then 15, finally told her mother she had sex with Frank, 19, mom was so angry she marched Nikki down to the police station to report it. Nikki was forced to undergo a rape exam, though she told police the sex was consensual. Her mother recanted her accusation the next day, but because of Nikki's age (age of consent in Texas is 17), the DA had enough to charge Frank with statutory rape.
“I would say this is a mom who’s trying to use the legal system to parent instead of having a conversation,” said Robin Sax, a criminal defense attorney and former sex crimes prosecutor. “Once you open that Pandora’s box of the legal system, there are consequences, and the consequence here has been a scarlet letter that’s following him and a case where no one would expect someone in this situation to be registered.”
Frank has difficulty getting hired. He can't coach his daughters' sports teams. He has to notify police if he wants to leave the state. All because he had sex with a woman 15 years ago when she was underage, and he’s happily married to her. And he and his wife ask, “Isn't enough, enough?” For their full story, see “The Accidental Sex Offender” in this month's Marie Claire.
Texas is expected to amend its sex offender laws in September. The Rodriguezes hope their petition to have Frank removed from the list will be granted then.
The couple says that when Nikki, then 15, finally told her mother she had sex with Frank, 19, mom was so angry she marched Nikki down to the police station to report it. Nikki was forced to undergo a rape exam, though she told police the sex was consensual. Her mother recanted her accusation the next day, but because of Nikki's age (age of consent in Texas is 17), the DA had enough to charge Frank with statutory rape.
“I would say this is a mom who’s trying to use the legal system to parent instead of having a conversation,” said Robin Sax, a criminal defense attorney and former sex crimes prosecutor. “Once you open that Pandora’s box of the legal system, there are consequences, and the consequence here has been a scarlet letter that’s following him and a case where no one would expect someone in this situation to be registered.”
Frank has difficulty getting hired. He can't coach his daughters' sports teams. He has to notify police if he wants to leave the state. All because he had sex with a woman 15 years ago when she was underage, and he’s happily married to her. And he and his wife ask, “Isn't enough, enough?” For their full story, see “The Accidental Sex Offender” in this month's Marie Claire.
Texas is expected to amend its sex offender laws in September. The Rodriguezes hope their petition to have Frank removed from the list will be granted then.
The sexual consent laws are so royally screwed up in this country. When there is recorded evidence of a violent rape occurring, a jury can't decide for sure if it was really a rape. But when teenager has sex with their boyfriend or girlfriend and they're a few years apart, they can be charged with statutory rape and put on a list that haunts them forever. Sigh.
The sad thing is I have several relatives that were raped when they were young and the rapists were only charged with statutory rape because it was the only thing they could prove. The offenders did not have to register as sex offenders though that I am aware of. Statutory rape laws need to be altered however I'm having mixed feelings about it in general because of some of the stories from around my home town in which 19/20 year old men were targeting 14/15 year old girls for sex that were emotionally vulnerable. The age range is the same there as in this story, but the intention was totally different, so that's why I'm torn.