Rape: What is Consent?

Rape is legally defined as an assault by one individual against another where unwanted sexual contact is demonstrated without the other person's consent. Outside of the law, rape is sometimes used interchangeably with the term "sexual assault". However, the question sometimes arises as to what exactly constitutes consent. Because each case has its own unique circumstances and characteristics, it is difficult to generalize but there are certain standards that are typically adhered to.

Rape is a serious crime and those who are convicted can face serious penalties under the law. Because the issue of consent can often be difficult to prove, it is important to employ the help of an experienced lawyer to make sure you are fairly represented in your case. If you or someone you love has been accused of a sexual crime, contact Austin criminal defense lawyer Ian Inglis by calling (512) 472-1950.

Consent in Texas

The following information may be said about the issue of consent in the state of Texas:

  • The age of consent in the state is Texas is 17 years old for heterosexual intercourse. There is currently no law that outlines the age of consent for homosexual relations.
  • Duress, or an instance where the victim may feel threatened by force or violence, may lead to the presumption of a lack of consent.
  • The absence of an objection does not necessarily constitute consent.
  • If an individual is younger than the age of consent, the case may be considered "statutory rape".
  • Marriage or being in a romantic relationship with the accused does not necessarily constitute consent.
  • Individuals with certain mental impairments or developmental disabilities may not have the capacity to give consent.

Because the case of consent is so questionable, you should employ the help of an experienced attorney to defend you if you have been charged with rape or sexual assault. With their experience, you may be able to prove to the judge or jury that consent was in fact given and the act that was performed was not rape.

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To learn more about sex crimes and your rights as an accused individual, contact Austin criminal defense attorney Ian Inglis today by calling (512) 472-1950.

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