What is Date Rape?

There are a lot of misconceptions surrounding the term “date rape.” The term arose from sexual assault cases typically involving women being incapacitated by another person and then taken advantage of. The offenders would usually use some sort of drugs, alcohol, or a combination of both to make their target intoxicated or unconscious. Once they are unable to disagree to the sexual activity or fight back, they would sexual assault them. Now, the term date rape refers to a greater number of circumstances than an actual date between a man and women. However, it almost always insinuates that the victim was drugged or intoxicated and unable to lawfully consent.

Accusations of date rape are incredibly serious and can lead to felony sex crimes charges. If you have been accused of drugging another individual in order to perform a sexual activity without their consent, speak to an experienced Houston sexual assault lawyer immediately. The allegations of this type of crime alone can ruin your reputation, career, and family life. A conviction will lead to imprisonment and registration as a sex offender.

To learn about your defense options, contact The Law Offices of Ned Barnett at (713) 222-6767 today.

Common Date Rape Situations

Date rape is a serious accusation because it not only alleges that an individual did not consent to sexual activity, but also that the alleged perpetrator took actions to ensure the individual could not consent or took advantage of a situation during which they knew the individual could not agree. It is a situation in which a person is physically violated when they are in a vulnerable state and unable to protect themselves.

Some of the most common date rape situations include:

• The victim drank a great deal of alcohol and was too inebriated or unconscious to consent to sexual activity.
• The victim voluntarily took drugs that made them unaware of what was going on or lose consciousness, making them unable to consent.
• The victim was secretly given a date rape drug like rohypnol, ketamine, gamma-hydroxbutyric acid, or ecstasy. These drugs can cause the victim to have difficulty with motor movements and muscle control, difficulties talking, nauseous, confused, dizzy, sleepy, and lose consciousness.

Consent in Texas

One of the reasons date rape continues to be an issue across the country is that individuals believe that consent is the absence of “no” when it is actually the presence of an affirmative “yes” to sexual activity. Perpetrators of date rape may claim that their actions were fine because the victim never said no, told them to stop, tried to stop the activity. However, to ensure that consent is not misconstrued by this belief, Texas Penal Code Section 22.001(b) outlines when an individual does not have consent to sex.

Sexual activity is not consensual when:

• The other person has not consented and the perpetrator knows the other person is unconscious or physically unable to resist.
• The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring.
• The perpetrator has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge.

Date Rape Charges

Texas does not have a specific date rape statute. Instead, the alleged offender is charged with a specific sexual offense outlined in the state penal code. The most common charge for date rape is sexual assault under Section 22.011(a). The specific facts that allegedly make the situation a date rape will come up during the trial to prove that the victim of the offense could not and did not consent to the sexual activity.

Sexual assault in Texas is usually charged as a second-degree felony, punishable by imprisonment between 2 and 20 years, a fine up to $10,000, and registration as a sex offender for life.

Defending Against Date Rape Accusations

One of the most common defenses to date rape accusations is that you had affirmative consent to the sexual activity. At The Law Offices of Ned Barnett, we can help you develop the strongest possible defense for your case, including consent. We will also scrutinize the evidence against you and determine the best ways to show flaws in the prosecutor’s case against you.

For more information on how a Houston sex crimes lawyer can help, call us today at (713) 222-6767 to schedule a free consultation.