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What Everyone Should Know About Consent in Texas

The Law Firm of Andrea M. Kolski

321,000 women find themselves the victims of sexual assault every year. When it comes to sexual assault cases, one of the first things that will be taken into account is consent. The age of consent in Texas, as well as a few other things, will determine the outcome of a case.

If you’re trying to figure out what people should know when it comes to consent, you’ve come to the right place. Continue reading this guide to find out everything you need to know when it comes to consent laws in Texas.

When it comes to consent people there are times when people assume that unless someone says no, they’ve given consent. Consent is defined as provided verbal permission for something to take place.

In this case, that means giving permission for a sexual encounter to take place. As we move on into the Texas consent laws, we’ve got to take a more in-depth look into consent that would directly negate any sexual acts from continuing.

One thing that should be known by everyone is that even if you’ve given consent at the beginning of a sexual act, you can always change your mind. Meaning that if halfway through you don’t want to do it anymore, you can stop, and the other person should respect how you feel.

Mental Illness

If someone is suffering from a mental health issue of some kind that rules them incompetent to consent to sex. For example, if someone has a seizure disorder that rules them incapacitated after a seizure, they wouldn’t be able to provide consent for any sexual action following an episode.

Mental illness may not always mean that someone has a disease and isn’t able to consent. It can also pertain to the elderly and those that aren’t able to communicate verbally to report the assaults of their attacker to someone else.

Physical Incapacitation

This is one that is commonly heard of in which the victim may have been in and out of consciousness, and the person assaulting them didn’t hear them say no. If someone is unable to communicate with you verbally and/or physically, they cannot provide consent.

This also means if the person is unconscious, they aren’t able to provide consent.

Under the Influence

When someone is under the influence, whether that’s due to drugs or alcohol, they aren’t able to provide consent. The reason being is that specific bugs types of drugs can cause a person to nod off or pass out completely.

Much like the effects that alcohol has on someone when they’ve had too much to drink. If someone is under the influence, they can’t provide consent to participate in any kind of sexual activity.

When Has Sexual Assault Occurred?

When taking a look at consent laws in Texas, there are some factors that outline when sexual assault has taken place. It’s essential to know what these factors are to continue understanding sexual assault in its entirety.

The first instance in which sexual assault has occurred, according to Texas Penal Code Section 22.011(b), is that if someone is forced to perform a sexual act, whether they’ve been threatened physically or verbally, it’s sexual assault.

Another instance in which sexual assault has taken place is when the person committing the assault realizes that the victim is unconscious. Once they’ve realized the victim is unconscious, and they move forward with committing the sexual act, they’ve sexually assaulted the unconscious person.

If someone uses violence to get someone to submit to participate in a sexual act or uses force to keep the person from getting away, they’ve committed sexual assault.

What is Sexual Battery?

The word battery is defined as unlawful physical contact, but when it pertains to sexual battery, it means unlawful sexual contact with someone else. When you think of sexual battery, it can mean various things.

For example, if a person commits sexual assault with the knowledge that their victim hasn’t provided consent. Or when someone knows that someone doesn’t have the mental capacity to consent to performing or engaging in sexual acts, this is also sexual assault.

When you think of the legal age of consent in Texas, remember that it defines someone as having reached a maturity level to make specific decisions in their lives. This includes being of age to give permission to engage in sexual activity.

The legal age of consent in Texas is 17 years old. Once a child has reached the age of 17 legally, in the eyes of the law, they are now old enough to make adult decisions. Although this is the law, there may still be some questions that come up if someone that is 17 finds themselves involved in a sexual assault case.

When it comes to the consent laws in Texas, there are tons of things to know. Firstly, it’s essential to understand that the age of consent in Texas is 17, and there is no way around that. The next thing you need to know that various factors come into play when defining consent.

If you find yourself in need of a lawyer to help fight your sexual assault case, you need to contact Andrea M. Kolski. With two decades of Texas courtroom experience representing both sides in assault cases, she has the expertise to help you prevail.

If you need extra reassurance, please review the testimonials from previous clients.

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