Brett Podolsky

Houston Date Rape Attorney

While the state of Texas does not have a specific statute regarding date rape, charges for this sex crime are classified by the state’s penal code as crimes of sexual assault. The suspect and the victim do not have to date each other for this crime to occur; date rape is defined as non-consensual sexual contact with a friend or acquaintance against his or her will. For this reason, date rape is sometimes called acquaintance rape. Sometimes, a formal conviction isn’t even necessary to ruin your life. False allegations carry serious weight in personal life. Luckily, an experienced defense attorney can help protect your rights.

Accusations of a sex crime can cause you to lose your job, friends to abandon you, and your reputation to be permanently tarnished. And that’s to say nothing of the legal fallout. You need aggressive defense to protect your rights and your life. Contact the Law Office of Brett A. Podolsky today.

The nature of the relationship is taken into the consideration, as well as the frequency in which the plaintiff and the defendant interacted with one another in a social manner. Depending on the evidence in the case, a charge of date rape is categorized by:

• Sexual assault: Non-consensual sexual contact and/or penetration of the alleged victim’s mouth, anus or sex organs
• Aggravated sexual assault: Non-consensual sexual contact and/or penetration of the alleged victim by use of a deadly weapon, threats of bodily injury or kidnapping. A person may also be accused of aggravated sexual assault if he or she makes sexual advances upon a minor or elderly individual

Often, the perpetrator of the crime uses alcohol or drugs like Valium and Rohypnol (“roofies”) to lower a victim’s inhibitions. The law assumes that a person who is blacked out or under the influence of alcohol cannot give legal consent to sexual activity.

Punishments for Date Rape in Texas

A conviction of date rape in Texas can have lifelong legal ramifications. Punishments for date rape include a prison sentence of two to 99 years, fines up to $10,000 and mandatory registration as a sex offender. A sexual assault conviction can also mean the loss of a person’s rights to own a firearm, vote or obtain financial aid at an institution of higher learning.

Defending Date Rape Cases

Anyone can be charged for date rape at any time. Most cases are based solely on the testimony of the accuser. There is often no physical evidence of sexual assault. Sometimes, one person falsely accuses another of date rape as an act of revenge. In this case, the defendant needs a skilled criminal defense attorney who can carefully evaluate the facts and determine the best route of defense. In date rape cases, defenses can include:

• Innocence: This basic defense is common in sexual assault cases and includes the claim that the defendant had an alibi.
• Consent: If the defendant had an ongoing sexual relationship with the alleged victim, it may be questionable that the sexual act occurred against the victim’s will.
• Insanity: A defense attorney can argue that the defendant had a mental defect during the time the assault occurred.

Call a Houston Date Rape Attorney

An expert date rape attorney understands that there are two sides to every story and will carefully analyze the case evidence to create a strong legal defense.

If you are facing date rape accusations, call board-certified attorney Brett A. Podolsky today at 713-227-0087 and get a free legal consultation.