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Collin County Date Rape Defense Lawyer

Collin County Criminal Defense Attorneys Assisting Clients Charged with Date Rape

Have you been charged with date rape? Date rape allegations are often false, and many residents of Collin County can find themselves facing date rape charges. Being accused of rape can ruin your reputation, destroy your relationships, and cost you your job. When you feel like you don’t have any options left, that’s when you need Rosenthal Kalabus & Therrian on your side.

You do not want to face the consequences of a date rape conviction. Not only can you face a term of imprisonment if convicted, but you will also be required to register as a sex offender regardless of where you live. We will use our resources to protect your rights and try to get the charges against you dropped. We fight aggressively against the prosecution and hold them to their burden of proof.

Do not hesitate to reach out to a Collin County sexual assault lawyer to get started on your defense.

What Crimes Can Be Charged As Date Rape?

There is no specific offense of date rape under Texas law, but Chapter 22 of the Texas Penal Code includes a number of assaultive offenses that can be charged in Collin County when a person alleges date rape.

One of the most commonly charged offenses for date rape is sexual assault under Texas Penal Code Section 22.011. A person can be charged with sexual assault in a date rape situation if that person intentionally or knowingly does any of the following:

  • Causes the penetration of the anus or sexual organ of another person without consent;
  • Causes the penetration of the mouth of another person by the sexual organ of the actor without consent; and
  • Causes the sexual organ of another person, without consent, to contact or penetrate the mouth, anus, or sexual organ of another person (including the actor).

How does the statute define consent? Under the statute, a sexual assault occurs without consent in many different situations, including the following:

  • Actor compels the other person to submit or participate by physical force or violence;
  • Actor compels the other person to submit or participate by threatening physical force or violence;
  • Other person has not consented and is unconscious or physically unable to resist;
  • Other person is incapable of appraising the nature of the sexual act or resisting it as a result of mental disease or defect, and the actor knows that;
  • Other person has not consented and actor knows the other person is unaware that the sexual assault is occurring; and
  • Actor has intentionally impaired the other person’s power to appraise or control the situation by administering a substance without the other person’s knowledge (such as a drug).

In date rape allegations, the complainant often alleges that the defendant administered a “date rape” drug, thereby impairing the complainant’s ability to properly appraise or control the situation. It is also important to note that date rape allegations can also be charged as aggravated sexual assault in certain circumstances, such as when the defendant allegedly used a deadly weapon or attempted to cause serious bodily injury to the complainant.

Date Rape Drugs

During a sexual assault, sometimes the perpetrator will use what is known as “date rape drugs.” If the accuser has these drugs in their system, it could create issues for your case. Some of the common date rape drugs include:

  • Rohypnol “Roofies”
  • Gamma hydroxybutyric (GHB) acid
  • Ketamine “K”

These substances aren’t only used to commit sexual assault. They’re common at nightclubs, and some people take them recreationally.

Why Drugs and Alcohol Are an Issue for Consent

Drugs and alcohol usually play a significant role in any accusation of date rape because substances that impair judgment complicate sex. If the accuser ingested alcohol or drugs before sex, it doesn’t necessarily mean someone raped them, but it does call the issue of consent into question.

Universities around the country have created policies distinguishing the difference between intoxication and incapacitation. Those policies also describe how important it is to make decisions without influence and pressure. If someone accused you of rape, it’s important to determine the accuser’s level of intoxication.

Acquaintance Rape

Some people will use the terms acquaintance rape and date rape interchangeably, but there are some differences between them. Date rape can be similar to acquaintance rape in that both parties know each other. Date rape, on the other hand, can involve substance-assisted sexual assault between two people who don’t know each other or just met.

The criminal charges for both are the same under Texas law, Texas Penal Code Sec. 22.011, noted above. Even though there’s a slight difference in circumstances, both are sexual assaults.

Date Rape Penalties in Texas

A date rape conviction in Texas is a second-degree felony. The punishment for sexual assault can be a prison sentence of at least two years (with a maximum of 20 years), up to $10,000 in fines, and registering as a sex offender. A conviction of sexual assault could also result in losing your rights to vote and own a firearm.

An aggravated sexual assault is a first-degree felony. The definition under Texas law includes circumstances under Texas Penal Code Sec. 22.011 for sexual assault along with the following aggravation factors:

  • Committing these acts on a youth, elderly, or disabled person;
  • Causing bodily harm or death to the victim;
  • Causing the individual to fear for their life, such as threatening to murder them;
  • Drugging someone to make them vulnerable to the perpetrator’s charm; or
  • Brandishing a weapon.

The penalty for an aggravated sexual assault is a minimum of five years (with a maximum of 99 years) in prison, up to a $10,000 fine, and registering as a sex offender.

The minimum prison sentence is twenty-five years if one of the following situations occurred:

  • The victim was younger than 6 years old at the time of the aggravated sexual assault
  • The victim was between six and thirteen years of age, and there was a weapon, bodily injury, or the threat of human trafficking

Contact a Collin County Date Rape Defense Lawyer

As you can see, there are many situations in which a person can be charged with date rape. In many cases, these allegations are false. It is important to get started on your defense as soon as possible. Our Collin County date rape defense lawyers know how to defend each individual client and protect their rights and reputation. We believe that everyone deserves a fair chance at defending themselves against their charges and proving their innocence.

When you hire us, we will work hard to make sure the jury hears your side of the story. Our goal is to get the charges against you dropped or ensure your sentence is just under Texas law. We understand you’re facing a stressful situation, and you can depend on us to be by your side every step of the way. You won’t have to face these charges alone.

A Collin County sex crimes attorney can get to work on your case today. Contact Rosenthal Kalabus & Therrian at (972) 369-0577 to learn more about how we can assist you.