What is date rape?
In the most clear-cut cases, it is sexual assault.
The most common way of defining date rape is the act of forcing another person to have sex while on a date. But date rape itself doesn’t offer a precise legal definition.
What counts as date rape in Texas and what happens if you’re accused of date rape sex? Keep reading to understand whether you’ve committed a crime, and what to do to defend yourself.
Date Rape Is Sexual Assault
The terms rape and sexual assault are used interchangeably in the media. In Texas law, rape falls under the category of sexual assault.
All sexual assault crimes fall under the Texas Sexual Assault Statute, or Penal Code Title 5, Chapter 22, Sections 22.011 and 20.021.
There are several key elements of sexual assault under the law in the Texas:
First, the law distinguishes between adults and children. In the Lone Star State, anyone under 17 is legally a child.
Second, the act must have occurred without the consent of the victim. In some cases, physical violence or threats to the victim’s safety are used to coerce the victim into a sexual relationship.
Third, it is sexual assault if the victim cannot physically appreciate or resist the act. If the victim isn’t in a state to say no or say yes, then they haven’t provided consent.
Fourth, if the defendant was placed in charge of the victim, then there cannot be consent. Clergymen, healthcare providers, and employees of residential facilities are all considered to be people in power.
Where Does Date Rape Fall Under the Law?
Date rape may include one or all of the above elements.
In most popularly known cases, date rape is the result of a sexual encounter in which one party is incapacitated, either drunk or high, and could not physically or verbally consent to the act.
Remember, consent means the ability to appreciate or resist. If the victim does not put up a fight, it does not mean the victim consents, especially if the victim is under the influence of alcohol or drugs.
Here’s an example:
You’re on a date, and you’ve both been drinking. Your partner is intoxicated; they are slurring their speech, stumbling, and appear obviously intoxicated. You both decide to return to your home and begin engaging in an intimate act.
Then, your date falls asleep. They stop responding coherently and are obviously very drunk. If you continue to pursue a sexual encounter further, then you may be committing date rape under the law.
Why?
Because even if your date initially consented, they can no longer consent if they are asleep or passed out as a result of inebriation. Your date may not fight you off, but they are also not in a state of mind to appreciate the act.
Remember, under the law, your partner does not need to scream or fight. Being unable to participate renders their consent invalid.
What If There was No Penetration?
Not all nonconsensual sexual contact is a felony.
Section 22.01(a)(3) of the Penal Code states that when a nonconsensual sexual act does not involve physical injury or penetration, then it is a Class C misdemeanor. It is considered to be “offensive contact.”
What does this mean?
It is possible to sexually expose yourself to or grope another person — including a date — but it is not felony sexual assault. As long as you never sexually penetrated them, using a body part or another object, then you shouldn’t be charged with more than a misdemeanor.
Date Rape Can Become Aggravated Sexual Assualt
In some cases, a sexual assault charge may grow to become a more severe offense: aggravated sexual assault.
Aggravated sexual assault occurs when the victim was threatened with death or serious bodily injury including and especially when a deadly weaponed featured in the crime.
Date rape, in particular, becomes aggravated sexual account when prosecutors find out that date rape drugs played a role in the crime.
In Texas, both Rohypnol and ketamine count as a date rape drug.
What are the Penalties for Date Rape?
Sexual assault in Texas carries a second-degree felony.
If convicted, it features a sentence of two to twenty years in prison. It may also come with a fine of a maximum of $10,000.
An aggravated assault offense is a first-degree felony. If the victim was under age six, or if the victim was under 14 and a weapon was used, or if the victim was hurt, the prison sentence is 25 years.
Using a date rape drug does not only elevate a sexual assault case a first-degree felony. It is also one of the elements that trigger a 25-year minimum prison sentence.
What Happens If I’m Charged with Date Rape in Texas?
The idea of consent plagues date rape cases in particular. It is difficult to prove in court that the plaintiff did or did not provide consent and that the defendant interpreted consent correctly.
More importantly, many people who face these charges felt like they did the right thing at the time. They thought they had a green light. Failure to read or interpret signs correctly
Unlike other cases, it’s rare for the two parties involved to deny that sexual contact occurred. Instead, it’s a case of whether one party consented to the act.
Because of this physical evidence, like rape kits, don’t play a significant role in these cases.
The first step is to provide all of the communications between you and your accuser. In some cases, the data gathered shows that there was consent and that plaintiff revoked consent after the act.
What to Do Next
If you believe you’re being accused of date rape in Texas or you have already received papers, the first thing to do is sever all ties with your accuser.
The next thing to do is hire a sexual assault lawyer. Because the issue of consent is so difficult to prove in court, defenses become complicated and require legal strategy. An experienced sexual assault attorney can help you craft a case and help you avoid providing more ammunition to the prosecuting attorney.
If you or someone you love is facing charges related to a sex crime, get in touch today to learn more about potential legal defenses.
Request a Free Consultation with Sexual Assault Lawyer Mario Madrid
Due to his experience as a former Associate District Attorney for the State of Texas, early in his career Mr. Madrid gained a perspective that few other criminal lawyers possess. His intimate knowledge of prosecution strategy has endowed him with an uncanny knack for finding weaknesses in the prosecution’s case and exploiting them skillfully. From 2008 to 2014 he supplemented his experience as a prosecutor with service as a Judge for the City of Houston, where he gained a bird’s eye view of how a judges looks at evidence and how a court is likely to rule on various motions. Combined with his experience as a criminal defense attorney, Mr. Madrid has the ability to “put it all together” to prepare the best possible defense for his clients.
Get in touch today to request a free consultation with attorney Mario Madrid:
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