In every state, specific laws determine an age at which an individual can consent to sexual activity with another person. Under Texas law, a person who is 17-years-old or older has the right to consent to any type of sexual activity, but you should learn how consuming alcohol can impair your judgment and thereby your ability to give and/or receive consent.
Details Regarding the Texas Consent Law
As stated, anyone over the age of 17 can consent to sexual activity. In order to grant consent, an individual must be able to understand the activity that they are agreeing to. Therefore, consent cannot be given if someone is 16 years old or younger, is sleeping or unconscious, has been given a substance that alters their mind, or is mentally incapable of understanding the activity in question.
It’s important to understand that the issue of consent is not always black and white, especially when it comes to sexual activity and alcohol. If you have been charged with a sex crime and alcohol was involved, the question of whether consent was given becomes tricky since alcohol can inhibit an individual’s ability to think clearly. In many instances, both the defense and prosecution argue this issue.
While the prosecution may argue that the victim was too drunk to understand what was going on and therefore was unable to give consent, the defense may argue that the victim willingly drank before engaging in sexual activity.
How a Houston Sex Crimes Lawyer Can Help
If you’re unsure of how alcohol will affect your case, it is in your best interest to consult a Houston sex crime lawyer from The Law Offices of Ned Barnett as soon as you’ve been accused of a sex crime. Through a thorough investigation of when the alcohol was consumed, how much of it was consumed, and other details of your case, our firm will inform you whether or not it can be used as a defense.
Call The Law Offices of Ned Barnett
It’s clear that the issue of alcohol and consent is complex. For this reason, if alcohol played a role in your sex crime arrest, you should call The Law Offices of Ned Barnett at (713) 222-6767 immediately. We’ll ensure your rights are protected and explain your legal options in a free case consultation.