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(972) 992-7382 (972) 992-7382Consent is one of the most important components in any adult sexual relationship. While state law makes it legal for consenting adults to have a sexual relationship, it is a good idea for you to be sure your potential partner agrees to the sexual contact. It can be difficult to know when a person consents to contact, especially when interactions often rely on nonverbal cues. As a result, what you believe to have been a consensual sexual encounter can later lead to allegations of sexual assault.
An Allen date-rape lawyer can help you fight against accusations you had sexual contact with another person without their consent. This includes explaining how state law deals with allegations of date rape, exploring the evidence prosecutors intend to introduce at trial, and working to obtain information that indicates an encounter took place with mutual consent. A sex crimes attorney can work to build a defense that protects your future.
The idea a person could use a drug or other foreign substance to take advantage of a person with whom they are on a date has risen in profile over the past several years.
Despite this concept’s prominence in the public eye, there is no separate statute for allegations of date rape under state law. Instead, an allegation a person has taken sexual advantage of another while incapacitated falls under Texas’s sexual assault statute.
More specifically, Texas Penal Code § 22.011 makes it against the law for a person to have any kind of penetrative sex with another after using a substance to remove the other person’s ability to resist. This could include allowing a person to become drunk, allowing them to use drugs that impair their ability to consent, or even administering drugs to another without their knowledge. An attorney in Allen is ready to provide more information about date rape and sexual assault under state law and evaluate the information law enforcement used to make an arrest.
An allegation a person used a drug to take advantage of another person is no different than situations where they use physical force to coerce a sexual encounter. As a result, instances of date rape are usually felonies of the second degree but can also be first-degree felonies. Convictions can result in prison sentences of between two and 20 years and substantial fines for second-degree felonies. In rare instances, where the prosecutor charges a person with a first-degree felony, the minimum sentence rises to five years and the maximum sentence becomes 99 years or life.
In addition, a conviction requires a person to register as a sex offender. This requirement will last from when the person completes their sentence until their death.
Clearly, it is essential to fight these charges from the earliest possible opportunity. A date rape lawyer in Allen can help dispute the idea a person used a foreign substance to incapacitate an alleged victim or argue any sexual encounter occurred with the consent of all present parties.
Allegations of date rape are severe matters. State law does not differentiate between sex that occurs because of the use of an incapacitating drug and direct force. As a result, a conviction can result in a multiple-year prison sentence and the requirement to register as a sex offender for life.
Talking with an Allen date-rape lawyer could help you avoid this outcome. We can work to explain the state’s laws, evaluate the prosecutor’s case, dispute the police methods used to obtain evidence, and argue a sexual encounter only occurred after both parties expressed their consent. Contact our firm now to learn more about your defense options.