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Texas Criminal Charges for Failure to Report Date Rape

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Sometimes what you know can hurt you. This is especially true when it comes to violating a failure to report law in Texas. That’s right. You can be charged with wrongdoing for failing to report serious crimes such as date rape. Just like any other crime, protecting your reputation, job and family will require the preparation of an effective legal defense to avoid a criminal record.

Failure to Report Laws

Texas law requires anyone that has knowledge about any crime that causes death or bodily injury to be reported to the legal authorities. Failure to report such crimes in a timely manner could result in a Class A misdemeanor conviction. Sometimes it just doesn’t pay to remain loyal to a drinking buddy or family member. Helping someone conceal an illegal act, including the hiding of incriminating evidence, could even constitute aiding and abetting or performing in the role of an accessory after the fact.

Certain people are classified as mandated reporters under Texas law. This is particularly true when it comes to crimes against children and the elderly. Teachers, parents, social workers, therapists and school administrators are examples of individuals that are legally mandated to report suspected abuse and other violations of state law.

Dating Relationships

Although it’s true that false date rape allegations are not unusual, date rape is a serious criminal charge that should be thoroughly investigated by legal authorities. Among the most common reasons for falsely alleging date rape are the following:

  • Having sexual relations after consuming too much alcohol
  • Consenting to sexual relations but regretting it later
  • Jealousy, anger or retaliation after consensual sexual relations

Forcing someone to have sexual relations against their will is regarded as date rape when the parties have a history of being romantically or intimately involved. The following factors will be evaluated to determine whether an alleged incident qualifies as date rape:

  • The nature of the relationship
  • The length of the relationship
  • Type and frequency of interaction

Date Rape

Date rape does not include business and casual relationships. Making sexual contact with or penetration of the sexual organ, mouth or anus of another person against their will may constitute rape under Texas law. Any knowledge concerning the crime of rape must be immediately reported to the police. Depending on the nature and scope of the crime, one of the following criminal charges could be filed against the alleged offender:

  • Sexual assault-contact with or penetration of a victim’s mouth, sex organ or anus without prior consent
  • Aggravated sexual assault-use of a deadly weapon, causing or threatening death or bodily injury, kidnapping, use of a date rape drug or sexual assault involving a child under the age of 14 or an elderly person

Sexual Assault Attorney

There are many innocent people who are accused of committing sex crimes every year. Even individuals who do violate the law face an aggressive prosecutor who wants to give the largest legal penalty possible. If you have been arrested for a sex crime, then you should consider hiring an attorney. Doing so may be one of the best decisions of your life, as you will likely have a reduced sentence.

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