Survivors of sexual assault often have questions about the legality of their claims, especially surrounding sensitive situations like date rape involving alcohol. These scenarios can be particularly challenging, but it’s important to know that under Texas law, consuming alcohol or being under the influence of any substance does not strip away your rights or invalidate the harm you’ve suffered.
At Bradford N. Oesch, P.C., our attorney is dedicated to advocating for the rights of sexual assault survivors. If you've experienced date rape and are questioning whether you have a case due to alcohol consumption, the answer is yes, you do. Our team will work with you to provide clarity and guidance on this topic and help you hold the responsible party accountable.
Date Rape is a Crime—Alcohol or Not
Date rape, like all forms of sexual assault, is a crime in Texas. Alcohol consumption often plays a role in social interactions and date settings, but it does not excuse or justify criminal behavior. Texas recognizes that sexual violence under any circumstance, including intoxication, is unacceptable and punishable by law. A conviction for sexual assault can carry severe penalties, including prison time, registration as a sex offender, and substantial fines.
Consent and Incapacitation Under Texas Law
Under Texas law, consent is a central issue when it comes to sexual assault cases, including those involving date rape. The Texas Penal Code defines sexual assault as engaging in non-consensual sexual contact, which may include situations where the victim is unable to consent due to intoxication.
Consent cannot legally be given by someone who is incapacitated, whether due to alcohol, drugs, or another factor that affects their ability to make informed decisions.
Alcohol can impair judgment. This means that, in date rape, if you were intoxicated to the point of being physically or mentally impaired and unable to resist or communicate consent, the law views this as a lack of consent. Whether you voluntarily consumed alcohol or not is largely irrelevant in determining your ability to consent under the law.
"Victim-Blaming" and the Law
One of the major hurdles survivors often face date rape cases involving alcohol is the prevalence of "victim-blaming." Survivors may worry that actions like drinking in a social setting could affect the validity of their case or the way they are viewed by others.
However, consuming alcohol is not a form of consent. Texas courts do not permit the idea that a survivor’s decision to drink shifts the blame for the crime onto them. If you were taken advantage of while intoxicated, the responsibility lies solely with the individual who committed the assault.
While cross-examination from the defense may try to highlight your alcohol consumption, an experienced sexual assault attorney can combat these tactics through strategic, compassionate representation. The focus should remain on the assailant’s actions and their disregard for your boundaries, not on your decision to consume alcohol.
How to Strengthen Your Case
Building a strong case after experiencing date rape, particularly when alcohol is involved, requires careful documentation and evidence. While the trauma from the experience may make these steps difficult, consider taking the following actions.
Seek medical attention: Prioritize your health by visiting a healthcare provider or sexual assault nurse examiner (SANE) immediately after the incident. They can provide medical care, as well as document evidence of the assault, including any physical injuries or traces of the perpetrator’s DNA.
Report the incident: While reporting to law enforcement may seem intimidating, doing so can help establish a formal record of the assault. If you’re not ready to speak with the police, you can create a written record of the incident for your personal records. This could be helpful later if you decide to pursue legal action
Gather witnesses or contextual evidence: If you were at a social event or location with other people before or during the assault, witnesses or video footage may be helpful in corroborating your account of events.
Preserve communication: Text messages, social media interactions, and email exchanges with the perpetrator or others that occurred before or after the incident might support your case. Refrain from deleting anything that could serve as evidence.
Consult an attorney: Talk with an experienced attorney who is experienced in handling sexual assault cases. At Bradford N. Oesch, P.C., we can help you understand your rights, evaluate your case, and pursue justice on your behalf.
How to File a Civil Claim for Damages
Beyond pursuing criminal charges against the assailant, sexual assault survivors can file a civil claim for damages. Under Texas law, you may be entitled to compensation for the emotional, psychological, and physical harm caused by the assault.
Civil lawsuits operate separately from criminal cases and can result in financial restitution that is intended to help you heal and move forward. Civil claims can include damages for medical expenses, therapy costs, lost wages, and pain and suffering.
How an Attorney Can Help
Experiencing date rape is a traumatic and deeply personal event, and the road to recovery can be daunting, both emotionally and legally. At Bradford N. Oesch, P.C., we are committed to advocating for your safety and best interests, so you don’t have to face this process alone.
We understand the nuances of Texas law and will work tirelessly to build a case tailored to the circumstances surrounding your case. Whether through criminal proceedings, civil claims, or both, our attorney is here to provide compassionate, effective legal representation every step of the way.
Contact an Experienced Sexual Assault Attorney Today
If you were date raped after drinking and are wondering whether you still have a case, the short answer is yes. Alcohol consumption in date settings does not preclude consent and does not excuse or justify criminal behavior.
At Bradford N. Oesch, P.C., your rights and well-being are at the heart of our practice, and we are here to provide the guidance and advocacy you deserve. Located in Houston, Texas, we serve clients in the surrounding areas. Contact us today to schedule a confidential consultation and learn more about how we help survivors of date rape when alcohol was involved.
