Asked 7/12/2016 – Uvalde, TX

2 mths ago this took place and just today they showed up at my residence looking for my son. They want to swab his mouth for DNA . The 15yr old girl gave police statement saying she was not forced into anything she was willing. But her mother is trying to take it to a higher level. The officers said they just need him to come in and give his side of story and get swabbed. Why and how come it took this long to just come now? They said they had highly recommended allegations towards this incident. Rumors are that her parents took her into ER over the weekend but if they did rape kit how can it fall on my son? Within these last 2mths she’s been with numerous other boys. It’s just that she snuck out her window recently and got caught by her mom and she got phone taken away and her mother looked through it and seen my son as most recent text, so that’s why she blaming him. My concern is why do they need a swab done on my son? Is it cause she might be pregnant? But at this very moment if any charges get filed they said we looking at sexual assault. What is the punishment in TX

Answer

Obviously the police are looking to file criminal charges or they would not be contacting your son and requesting a DNA sample. The criminal charges to be filed depends upon what the detectives discover. You need to retain a local attorney IMMEDIATELY. Give no more statements to the police until you do. I am assuming you have not seen the statement the girl in question has given the police, so you can’t know exactly what she has said. The fact that 1) she snuck out of her house, 2) she’s been with other boys, or 3) it’s been 2 months since the incident has no bearing on potential criminal charges. Sexual assault is a second degree felony, punishable by a fine of up to $10,000, confinement in prison from 2 to 20 years, or a maximum probationary period for up to 10 years (see Texas Penal Code Section 22.011).