Texas laws present strict penalties against rape. Date rape and spousal rape are no exception. Rape takes place when a victim does not consent to or is coerced into engaging in the sex act. The same penalties apply in Texas whether the rapist knows their victims or not.
Victims of rape are people who did not or could not consent, meaning if they are drunk, on drugs, or unconscious, they could not consent to participate in a sex act, making it a violation if one occurs. Consent is required for all, dates and spouses included. Children under 17 are not considered mature enough to offer consent under any circumstances.
Though all rape is criminal, spousal and date rape are defined differently. Spousal rape, also known as marital rape, happens when a member of a married couple is forced into having nonconsensual sex. Their rapist spouse can be charged with rape as well as other sexual assault charges.
Not only does the victim have the right to file criminal charges, but they can also pursue civil charges. The spouse accused of rape is typically charged with sexual assault or aggravated sexual assault.
Texas Penal Code 22.011 deals with sexual assault, and the prosecutor may choose to apply it to the case if they have evidence that shows that the spouse accused of rape knew and purposefully forced the following acts on their spouse:
Texas defines aggravated sexual assault as an assault that leaves the victim with serious physical injuries or an attempt to end their life by their spouse. It is outlined in Texas Penal Code 22.021. The following acts are considered aggravated sexual assault:
Spousal, or marital rape, does not only apply to current spouses. If a person’s ex or their long-term partner forces, threatens or incapacitates their victim, they can be charged with spousal rape.
In Texas, there is not a date rape crime on the books. A “date rape” is prosecuted as a rape. Date rape happens when a rapist, a person the victim knows, forces themselves onto them without the victim’s consent. There does not have to be an actual date. It should be reframed as being raped by someone who is familiar.
Just because a partner did not say no, does not mean they said yes. Unless the person the perpetrator is having sex with clearly consented, they should not assume their partner wanted the act to take place. This is especially true if the victim was mentally as well as physically able to consent.
If a person is drunk or high, they cannot consent to sex. Period. This includes not only a few cocktails but other drugs. A few of the common drugs cited in date rape situations are as follows:
If the victim ingested any of these drugs or if alcohol is found in their bloodwork, Texas law rules that they were not in any shape to provide consent. A person who has impaired judgment cannot provide enthusiastic consent. The use of chemicals can muddy the waters about whether a rape was committed or not, so if a person is under the influence, it is best to opt out of sex.
No means no, no matter how familiar the person attempting to have sex with another person is. Whether they are a long-term partner, a spouse, a first date or a hundredth date, a co-worker, a neighbor, or a complete stranger, if they did not offer a yes, then a no should be assumed. There must be a “yes” present to assume the person is a willing sex partner.
Your life can be upended if you are accused of date or marital rape. Reach out today, and we will review your case and outline a plan to defend you against the charges. Texas is very serious about putting an end to sex crimes, and date rape and spousal rape are no different.
The team at The Law Office of David A. Breston, Criminal Defense Attorney is ready to help you. We have experience fending off criminal charges and will do our best to minimize the charges against you. Do not delay in reaching out.