@donatella no statutory rape in that case. The age difference was less than 3 years. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.(e) It is an affirmative defense to prosecution under Subsection (a)(2)
1) that the actor was the spouse of the child at the time of the offense; or(2) that
A) the actor was not more than three years older than the victim and at the time of the offense
i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or(ii) 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(B) the victim
i) was a child of 14 years of age or older; and(ii) 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. 4951