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" The Harris County District Attorney's Office did not respond to requests for a comment.

But experts said the case could be dismissed if the boy's lawyers can prove the sex was consensual.

The exemption does not apply if one of the parties is under the age of 14.

Joseph Gutheinz, the boy's lawyer, told the : "The idea that a 14-year-old who has sex with a person just a little bit younger then him or her would be treated as the worst of the worst in our society and placed on the sex offender registry is really sick." The attorney, who spoke on the condition his client was not identified, said the boy's family were "going through hell".

Three provincial education departments have, however, confirmed they did not use the offender register, which is run by the Justice Department, to screen teachers, with one citing its inaccessibility as a reason.

The register can be accessed through a request to the registrar by any employer, including NGOs and churches, wanting to hire staff who will work with children.

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The Sex Offenders Act 2001 came into force in Ireland in June 2001.This law has significantly changed the way sex offenders are treated by the criminal justice system in Ireland.Those who are convicted of certain sexual offences are now obliged to provide certain information to the Gardaí including the address at which they are living following their release from prison.The register, which came into effect in 2015, is to ensure that no one convicted of sexually assaulting a child is employed in a position in which he or she will be supervising children.It is against the law not to screen staff for sexual offences, which the Department of Basic Education has acknowledged.