Consent is a very important element in sexual assault cases. The laws surrounding consent in Texas are designed to protect individuals while also ensuring that those accused of sexual assault receive a fair legal process. Understanding how Texas law defines consent and the circumstances in which it cannot be given is essential if you’ve been accused of this crime. Likewise, having legal representation from an experienced defense attorney who knows the Texas criminal justice system inside-out is also critical.
What Is Sexual Assault in Texas?
Sexual assault occurs when an individual intentionally or knowingly engages in sexual activity without the other person’s consent. This includes penetration or any unwanted sexual contact. Because consent is a legal requirement, proving whether it was given or not often becomes the central issue in sexual assault cases.
Understanding Texas Consent Laws
The Texas Penal Code states that the legal age of consent is 17. This means that individuals under 17 are not legally able to consent to sexual activity with an adult. Engaging in sexual activity with someone under the age of consent can result in criminal charges, even if the minor willingly participated.
Romeo and Juliet Laws
Texas recognizes Romeo and Juliet laws, which provide some legal protection for young individuals close in age who engage in consensual sexual activity. These laws prevent harsh statutory rape charges when both parties are minors or when one individual is under 17, but both parties are within three years of their partner’s age. However, these laws do not provide a defense in cases involving force, coercion, or non-consensual acts.
When Can Someone Not Legally Consent?
In specific situations, an individual is considered legally incapable of giving consent. Texas law outlines various circumstances in which consent is not valid:
- Force or Threats: If an individual is coerced into sexual activity through physical force, threats, or intimidation, their consent is not legally valid.
- Unconscious or Impaired: A person who is unconscious or under the influence of drugs or alcohol to the extent that they cannot make informed decisions cannot legally consent.
- Mental Incapacity: Individuals with cognitive disabilities that impair their ability to understand the nature of the act cannot provide legal consent.
- Professional Relationships: Consent is not valid in certain relationships, such as mental health professionals and their patients, teachers and students, or law enforcement officers and individuals under their authority.
What to Do If You’re Accused of Sexual Assault in Texas
Facing sexual assault charges can be overwhelming and life-altering. If you have been accused, it is critical to take the following steps:
- Remain Silent: Do not speak to law enforcement or anyone else about the allegations until you have a lawyer present.
- Contact an Attorney Immediately: A skilled criminal defense attorney can help you understand your rights and build a strong defense.
- Avoid Contact with the Accuser: Any communication with the alleged victim can be used against you in court.
- Gather Evidence: Collect any potential evidence that could support your defense, such as messages, emails, or witness statements.
How The Webb Firm, P.C. Can Help
Being accused of sexual assault in Texas is a serious matter that requires experienced legal representation. The Webb Firm, P.C. in Conroe has extensive experience defending clients against sex crime charges. We understand the complexities of consent laws and work tirelessly to protect our clients’ rights.
If you have been charged with sexual assault in Conroe, The Woodlands, or anywhere in Montgomery County, don’t wait to seek legal advice. The Webb Firm, P.C. can help.
Attorney Amanda Webb and her legal team can provide a strong defense and guide you through the legal process. Contact us today for a confidential consultation to discuss your case and explore your potential legal options.
“Great communication. When looking for a lawyer, I would definitely choose them; they make the process fast and doubt-free. They answer quick to any questions you have regarding your case and explain in depth so that you’ll be informed of what’s going on.” – Nathan E., ⭐⭐⭐⭐⭐
