Sexual Assault Defense Lawyers in Texas
False date rape accusations are very common and can be easily made against anyone. Situations that often result in false date rape accusations can include:
- If the alleged victim drank too much alcohol or consumed a combination of drugs and alcohol and then had sex or sexual intercourse with their date, they could later forget they consented and accuse the date of rape.
- The alleged victim may have claimed they said no to sex, but actually did consent to sexual intercourse. The alleged victim may regret their decision to have sex and decide to press charges for date rape.
- False allegations of date rape can also occur if the alleged victim had consensual sex with the alleged offender, but chose to press charges for date rape because they were angry, jealous or out of retaliation.
If you have been accused of date rape, it is important to know the state prosecutor must be able to prove every element of the alleged crime against you beyond a reasonable doubt. This can be a very difficult burden of proof to satisfy, especially if the allegations against you are false. It is critical that you understand and review your legal options with a qualified team of sexual defense lawyers.
The attorneys at Dunham & Jones are ready to take on your case. We proudly represent clients facing a range of sex offenses and will fight tirelessly on your behalf. To schedule your free consultation to discuss the details of your case, call today 800-499-8455 or complete the contact form.
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What is Considered Date Rape in Texas?
Date rape, a form of sexual abuse, is most commonly defined as rape, or forced non-consensual sexual intercourse (sex) with a date, a friend, an acquaintance or someone the alleged victim is associated with or was in a dating relationship with. Texas law defines a dating relationship under the Texas Family Code § 71.0021 as a relationship between two individuals who have had or continue to have a romantic or intimate relationship. This type of relationship can be defined by the following:
- How long the relationship lasted,
- The relationship’s nature, and
- The frequency and type of interaction between the individuals involved in the relationship.
A dating relationship generally does not include casual relationships or business relationships. However, date rape accusations can still be made even if the alleged victim and alleged offender are not in a dating relationship.
Crimes Constituting Date Rape in Texas
Although there is not a specific law defining date rape or rape in Texas, the Texas Penal Law does provide statutes that penalize sexual acts that occurred without the other person’s consent. If you have been falsely accused of date rape, you will most likely be charged with any of the following offenses:
Sexual Assault – An individual can be charged with this offense under the Texas Penal Laws section 22.011 if they engage in any of the following acts without the other person’s consent:
- Contact the alleged victim’s mouth with a sex organ;
- Contact the alleged victim’s anus with a sex organ;
- Contact the alleged victim’s sex organ with a sex organ;
- Penetrate the alleged victim’s mouth with a sex organ;
- Penetrate the alleged victim’s anus with a sex organ;
- Penetrate the alleged victim’s sex organ with a sex organ; or
- Penetrate the alleged victim’s sex organ or anus by any means.
Aggravated Sexual Assault – An individual can be charged with this offense under the Texas Penal Laws section 22.021 if they commit a sexual assault offense and they:
- Use a deadly weapon during the alleged offense;
- Cause or attempt to cause death or serious bodily injury;
- Threaten to cause death or serious bodily injury or kidnap any person;
- Cause the alleged victim to fear death, kidnapping or serious bodily injury;
- Commit the alleged offense against a child under the age of 14;
- Commit the alleged offense against an elderly or disabled person; and/or
- Administer certain types of substances without the consent of the alleged victim during the commission of the offense.
Some of the most common substances associated with date rape are:
- The Date Rape drug,
- Special K,
- Roofies,
- Rohypnol,
- Ketamine,
- GHB,
- Gamma hydroxybutyrate,
- Flunitrazepam,
- Club Drugs,
- The Forget Pill,
- Mexican Valium, and/or
- Alcohol.
Common Penalties After a Date Rape Conviction
A conviction for date rape can result in serious punishments and consequences, such any of as the following:
- Requirements to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure;
- An inability to purse certain jobs or professions;
- A criminal record;
- An inability to own or possess a firearm;
- A refusal to be admitted into certain educational programs;
- Ineligibility hold public office or vote; and/or
- Public embarrassment and loss of personal relationships.
An individual who is charged with a sexual assault date rape offense can also be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
An individual who is charged with an aggravated sexual assault date rape offense can also be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
General Defense Strategies to Fight Allegations
If you have been falsely accused of rape in Texas, your attorney will be able to help you identify whether any defenses or mitigating factors are available to your alleged offense. Since specific defenses are not available in every situation, it is very important to consult with a knowledgeable sexual abuse lawyer who can help you identify whether any of the following may apply to your particular situation:
- Mistaken Identity
- Mistake of Fact
- Mental Illness
- Duress
- Coercion
- Alibi
Consult Our Firm Today to Contest Your Date Rape Charges
With years of experience tackling challenging sexual offense cases like yours, Dunham & Jones knows exactly how to form an effective defense strategy for you. With your future at stake, you need to know that you can trust your attorney through every step of the criminal justice process ahead of you. If you’ve been accused of date rape anywhere in the State of Texas, call 800-499-8455 to schedule a free consultation with our sexual assault defense lawyers today.
