Date Rape

In Texas, engaging in non-consensual sexual encounters with a date is illegal. This includes sexual encounters through violence and unwanted sexual contact as well. Date rape can occur on the first date just as much as it can occur in a long-term relationship.

There are a variety of penalties for being convicted of date rape in the state of Texas. These penalties can be anything from years in prison to a steep fine. If you have been arrested for date rape, it is best to secure the legal counsel of a skilled attorney today.

Austin Date Rape Lawyer, TX

Fighting a date rape charge is a complex process that can be difficult to manage on your own. This is why it’s essential to retain a skilled legal professional in Austin, TX that can fight for your rights and reputation. Thankfully, The Law Office of Jackson F. Gorski has years of experience defending clients accused of sex accusations and can help you throughout every aspect of your case.

Allow The Law Office of Jackson F. Gorski to help you navigate the complexities of your situation. Call 512-960-4646 today to schedule a free, confidential consultation. The Law Office of Jackson F. Gorski has offices in Austin, TX, and Georgetown TX, but also accepts clients in Lockhart, Round Rock, Jollyville, Kyle, Lakeway, Cedar Park, Anderson Mill, Taylor, and Canyon Lake.


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Information Center


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Definition for Date Rape

The term “date rape” is very familiar, but Texas does not have a law with this specific title. Rather “date rape” in Texas would occur when the rape happens between two dating people. In other words, traditional rape laws apply. This includes simple sexual assault, aggravated sexual assault, and indecency with a minor.

Generally, an individual is guilty of date rape if, while dating someone they:

  • Knowingly and intentionally cause the penetration of their date’s sexual organs without consent,
  • Knowingly and intentionally cause their date’s sexual organs to come into contact with the individual’s sexual organs without consent,
  • Use violence or threat of force against their date to coerce their date into performing sexual acts, or
  • Drug their date or wait until their date is unconscious to engage in sexual activities.

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Penalties for Date Rape in Texas

The penalties for date rape are the same as other sex crimes. Simple sexual assault is a second-degree felony, with a punishment of two to twenty years and a fine of up to $10,000. Aggravated sexual assault is a first-degree felony crime with a sentence of up to 99 years under certain circumstances.


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Defenses for Date Rape

An accused person is innocent until proven guilty. However, they’ll need a skilled date rape defense lawyer in Texas to help prove the accused person’s innocence. Some defenses at their disposal are false accusation, mistake of identity, and inconsistent testimony. An alleged victim may lie about rape to get back at them. False testimony is often an act of revenge. However, the issue may be a mistake of identity where a witness confuses them with someone else. The accused person may ask, “how can that happen if we’re dating?” If the victim was unconscious during the act or the perpetrator wore a mask, the victim can be led into believing the suspect is the individual, although the individual is innocent.

For more strategic defenses, individuals should consult with a criminal defense attorney.


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Statute Of Limitations

The victim has ten years to report this offense and bring charges against an individual. After this deadline expires, the state can’t charge the individual with this crime because the statute of limitations has passed. However, exceptions do apply. For example, suppose that the individual’s accuser was impaired for a time or under 18. The clock for the statute of limitations doesn’t begin running until a person reaches the age of consent. If the person is a dependent, the legal guardian may press charges on the alleged victim’s behalf.


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Additional Resources

Sexual Violence Prevention – The Texas Department of State Health Services discusses Texas’ desire to end sexual violence through education, prevention, and advocacy. It shares Texas’ primary prevention programming focuses, approved activities, community change strategies, and links to similar organizations.

Date Rape Among Adolescents And Young Adults – The National Library of Medicine’s website lists articles, statistics, and references surrounding date rape for the accused and survivor.


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Travis County Date Rape Lawyer, TX

Crimes of a sexual nature are severely punished and will negatively affect an individual for the rest of their life if convicted. If you have been accused of date rape in Austin, TX, seek the experienced legal counsel of a criminal defense attorney immediately. The Law Office of Jackson F. Gorski aggressively defends clients who have been charged with all types of sexual-related offenses in the state of Texas.

The Law Office of Jackson F. Gorski has offices in both Austin and Georgetown, TX but accepts clients throughout various counties including Travis County, Williamson County, Bell County, Bastrop County, Blanco County, Caldwell County, Hays County, Milam County, and Burnett County. Call 512-960-4646 to secure a free, no-obligation consultation with The Law Office of Jackson F. Gorski today.


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