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If I Received Consent Can I Still Be Charged With Sexual Assault?

Woman sitting up in a bed looking concerned while a man sits up in the background

What some may have thought of as a consensual sexual encounter can quickly turn into a legal matter if the other party claims sexual assault. This happens far too often to unsuspecting individuals. Even if the accused party is confident that they received consent, it’s in their best interest to take the accusation seriously and consider their best course of action to fight the claim.

What is Sexual Assault in Texas?

Sexual assault in Texas is defined as any unwanted sexual contact or penetration. This includes touching someone's body of a sexual nature without their consent or forcing them to touch you sexually.

Even if the other person consented to the act, you can still be charged with sexual assault. This can happen if the accuser was unable to give consent due to being unconscious, intoxicated, or under the age of 17. Texas law states that if a victim fits into one or more of those classifications then they were legally not capable of giving consent.

Defining Consent

In the eyes of the law, if the accuser was conscious, not intoxicated, and over the age of 17, then they legally could have given consent. According to Texas Penal Code Chapter 1, consent is defined as, “assent in fact, whether express or apparent.” It is important to note that even if the other person initially consented to the sexual act, but then withdrew their consent during the encounter, you can still be charged with sexual assault.

When working with an experienced criminal defense attorney, they will go over the events of your situation to see if any apparent or expressed consent was able to be given and involved in your case.

Accused Of Sexual Assault Even if You Had Consent?

If you were accused of sexual assault, it is important to speak with a criminal defense lawyer, like those at The Law Offices of Jed Silverman as soon as possible. Our knowledgeable attorneys can help you understand the charges against you and work to build a strong defense. Reach out to our team today online or by phone. (713) 597-2221

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