Date Rape
False date rape accusations in the Dallas / Fort Worth Metroplex are very common and can be easily made against anyone. Situations that often result in false date rape accusations can include:
- If the alleged victim drank too much alcohol or consumed a combination of drugs and alcohol and then had sex or sexual intercourse with their date, they could later forget they consented and accuse the date of rape.
- The alleged victim may have claimed they said no to sex, but actually did consent to sexual intercourse. The alleged victim may regret their decision to have sex and decide to press charges for date rape.
- False allegations of date rape can also occur if the alleged victim had consensual sex with the alleged offender, but chose to press charges for date rape because they were angry, jealous or out of retaliation.
If you have been falsely accused of date rape, it is important to know the state prosecutor must be able to prove every element of the alleged date rape against you beyond a reasonable doubt. This can be a very difficult burden of proof to satisfy, especially if the allegations against you are false. Your experienced sex crime defense lawyer will be able to cross examine the alleged victim and put on evidence that he or she was making false claims. Therefore, it is essential to contact an experienced date rape lawyer as soon as the allegations have been made who will help you begin creating the best legal defense to your particular situation.
Dallas Date Rape Defense Lawyer
Contact Stuckle & Ferguson for a consultation about your alleged date rape throughout the Dallas / Fort Worth Metroplex, including the areas of Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Grand Prairie, Mesquite, Denton, Lewisville, and Arlington. The attorneys of Stuckle & Ferguson are experienced in defending false allegations of date rape and will make every effort to fight the false accusations against you. Contact Stuckle & Ferguson for a free consultation today at (972) 423-4405 if you have been charged with committing a date rape offense throughout Dallas and Fort Worth.
Dallas Date Rape Information Center
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What is Dallas Date Rape
Date rape is most commonly defined as rape, or forced non-consensual sexual intercourse (sex) with a date, a friend, an acquaintance or someone the alleged victim is associated with or was in a dating relationship with. Texas law defines a dating relationship under the Texas Family Code § 71.0021 as a relationship between two individuals who have had or continue to have a romantic or intimate relationship. This type of relationship can be defined by the following:
- How long the relationship lasted,
- The relationship’s nature, and
- The frequency and type of interaction between the individuals involved in the relationship.
A dating relationship generally does not include casual relationships or business relationships. However, date rape accusations can still be made even if the alleged victim and alleged offender are not in a dating relationship.
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Date Rape Laws in Fort Worth
Although there is not a specific law defining date rape or rape in Texas, the Texas Penal Law does provide statutes that penalize sexual acts that occurred without the other person’s consent. If you have been falsely accused of date rape, you will most likely be charged with any of the following offenses:
Sexual Assault – An individual can be charged with this offense under the Texas Penal Laws section 22.011 if they engage in any of the following acts without the other person’s consent:
- Contact the alleged victim’s mouth with a sex organ;
- Contact the alleged victim’s anus with a sex organ;
- Contact the alleged victim’s sex organ with a sex organ;
- Penetrate the alleged victim’s mouth with a sex organ;
- Penetrate the alleged victim’s anus with a sex organ;
- Penetrate the alleged victim’s sex organ with a sex organ; or
- Penetrate the alleged victim’s sex organ or anus by any means.
Aggravated Sexual Assault – An individual can be charged with this offense under the Texas Penal Laws section 22.021 if they commit a sexual assault offense and they:
- Use a deadly weapon during the alleged offense;
- Cause or attempt to cause death or serious bodily injury;
- Threaten to cause death or serious bodily injury or kidnap any person;
- Cause the alleged victim to fear death, kidnapping or serious bodily injury;
- Commit the alleged offense against a child under the age of 14;
- Commit the alleged offense against an elderly or disabled person; and/or
- Administer certain types of substances without the consent of the alleged victim during the commission of the offense.
Some of the most common substances associated with date rape are:
- The Date Rape drug,
- Special K,
- Roofies,
- Rohypnol,
- Ketamine,
- GHB,
- Gamma hydroxybutyrate,
- Flunitrazepam,
- Club Drugs,
- The Forget Pill,
- Mexican Valium, and/or
- Alcohol.
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Penalties to Date Rape in Arlington
If you have been falsely accused of engaging in a date rape offense in the Dallas / Fort Worth Metroplex, it is important to contact an experienced rape defense attorney. A conviction for date rape can result in serious punishments and consequences, such any of as the following:
- Requirements to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure;
- An inability to purse certain jobs or professions;
- A criminal record;
- An inability to own or possess a firearm;
- A refusal to be admitted into certain educational programs;
- Ineligibility hold public office or vote; and/or
- Public embarrassment and loss of personal relationships.
An individual who is charged with a sexual assault date rape offense can also be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
An individual who is charged with an aggravated sexual assault date rape offense can also be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
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Denton Defenses to Date Rape
If you have been falsely accused of rape in Texas, your sex crimes defense lawyer will be able to help you identify whether any defenses or mitigating factors are available to your alleged offense. Since specific defenses are not available in every situation it is very important to consult with a knowledgeable date rape defense attorney who can help you identify whether any of the following may apply to your particular date rape situation:
- Mistaken Identity
- Mistake of Fact
- Mental Illness
- Duress
- Coercion
- Alibi
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Stuckle & Ferguson, PLLC | Date Rape Defense Attorney in Fort Worth
If you have been accused of committing a date rape offense throughout Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, Lubbock County, El Paso County, Bexar County, Nueces County, Webb County, Bell County, Travis County, Williamson County, Fort Bend County, Galveston County, Harris County and Montgomery County, contact Stuckle & Ferguson today. Paul Stuckle is an experienced sex crimes defense attorney in Fort Worth who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact Stuckle & Ferguson today for a free consultation at (972) 423-4405 or send an online message about your false date rape charges.