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How is date rape charged in Texas?

Sex without consent by an acquaintance or a person in a dating relationship is commonly referred to as date rape, although the term can be used in different ways. In Texas, there is no offense known as “date rape.” Instead, most allegations of sex without consent are typically charged as sexual assault. In the Houston area, sexual assault is charged for a variety of offenses, including what would be considered date rape. Sexual assault is a very serious offense with potentially severe and life-changing consequences. If you are under investigation for sexual assault, or have been charged, it is critical that you speak with an experienced sex crimes attorney right away. 

Under Texas Penal Code 22.011, sexual assault involves a person intentionally or knowingly has sex or oral sex with another person, without that person’s consent. “Without consent” is defined under the statute to include the following behaviors and situations that could be applicable to a “date rape” scenario:

-Compelling consent by the use of physical force, violence or coercion.

-Compelling through the use of threats of physical violence against the complainant or any other person.

-The complainant has not consented and the other person is unconscious or physically unable to resist.

-The defendant knows that as a result of a mental disability, the complainant is at the time of the sexual assault incapable of appraising the nature of the act or resisting it.

-The complainant has not consented and the defendant knows the complainant is unaware the sexual assault is occurring.

-The defendant has intentionally impaired the complainant’s power to appraise or control the complainant’s conduct by administering any substance without the other complainant’s knowledge.

An allegation of “date rape” against another adult will typically be charged as a second-degree felony sexual assault, punishable by 2-20 years in prison. Additionally, a person who is convicted or placed on deferred adjudication probation for sexual assault would have to register as a sex offender for life. 

In Texas, cases alleging sexual assault are some of the most challenging for defense attorneys as the stakes are enormous and sex cases frequently involve unique evidentiary laws that allow for certain types of evidence to be heard by a jury that would not typically be permitted in other types of cases (for example, some types of similar allegations can be heard by a jury, which can be a huge problem for the defense). 

A defense attorney defending a “date rape” allegation should not only be knowledgeable about the special rules in place, the attorney should aggressively and thoroughly investigate the allegation. Because the behavior that constitutes a sexual assault in the context of a “date rape” are varied, the exact strategy that a defense attorney will use will depend on the facts. However, a sex crimes attorney will typically argue that the complainant had consented to the sexual contact, either explicitly or implicitly. A defense attorney must also investigate a complainant’s motive to fabricate, if that is at issue. 

When defending an allegation of sexual assault in the context of a “date rape,” the first thing a defense attorney must do is obtain the evidence. This can include offense reports, videos, witness statements, medical records and 911 recordings. In the Greater Houston area, obtaining all of the evidence in a sexual assault investigation can take 6 months or more. However, an effective criminal defense attorney should not simply rely on evidence provided by the prosecutor. In a sexual assault investigation, a criminal defense attorney must hire their own investigators and experts to develop their defense. 

After an allegation of “date rape” is made, the police will commonly attempt to contact the suspect. It is virtually always a bad idea for a person charged with any criminal offense to give a statement to the police. Generally speaking, if the police have enough evidence to charge a person suspected of sexual assault with a crime, then they will do so. If they lack evidence, then by speaking with police, a defendant in a sexual assault investigation risks giving police whatever they lack to charge him. 

It is important to remember that it does not take more than an allegation to charge someone of sexual assault in the context of a “date rape.” There is no requirement that the police have medical records or independent witnesses to the allegation. In other words, it is possible that an allegation of sexual assault will be a contest of “he said, she said” and therefore, a poor statement by a defendant could have disastrous consequences. 

A sexual assault case will be resolved by either trial, dismissal, or plea. It is impossible to predict at the outset what will happen with your case. Of course, the goal of a sexual assault case is to have the charges dismissed. But dismissing a sexual assault case is something that only the prosecutor can do (not even a judge cannot dismiss a sexual assault allegation under normal circumstances). If a case is not dismissed, then a defendant will have to choose between a plea agreement or a trial. Because many pleas for allegations of sexual assault involve prison time and lifetime sex offender registration, it is not uncommon for these cases to go to trial, which is sometimes the only way a defendant can clear his name and protect his freedom. 

Because of the severity of a sexual assault charge, it is critical to consult with an experienced attorney to help you through an investigation or to defend you if you have already been charged. Ceja Law Firm has successfully defended sexual assault cases throughout the Greater Houston area and obtained Grand Jury “no bills” and acquittals against sexual assault charges. Call Ceja Law Firm today for a free consultation.