Spousal and Date Rape Laws in Texas: An Overview

Like many states, Texas has laws against rape, including spousal rape. To be called rape, the act must occur without the victim’s consent, including if that consent was coerced. 

If the victim is unable to say yes or no or they cannot resist or physically appreciate the act, then no consent is given. This includes situations where the victim is drunk, under the influence of drugs, or unconscious. 

The crime of rape, whether acquaintance, stranger, spousal, or date, revolves entirely around the idea of consent. The law says that children under 17 cannot give consent at any time, no matter the conditions. People over 17 cannot consent if they are in no condition to provide it. 

Here, we talk about spousal and date rape laws in Texas. 

What Is Spousal or Date Rape?

As the names suggest, spousal rape and date rape are not the same crime.

Spousal Rape 

Spousal rape, also called marital rape, occurs when the spouse is forced to have sexual relations without their consent. The law permits them to file charges against the offending spouse for rape and other types of sexual assault. 

The victim can also file a civil lawsuit as well as prefer criminal charges. 

Sexual assault and aggravated sexual assault are the most common spousal rape charges.

Sexual assault is covered by Texas Penal Code 22.011, and it may be used if the prosecutor has evidence the perpetrator knowingly and intentionally caused the following:

• Penetration of the spouse’s anus or sexual organ without consent
• Penetration of the spouse’s mouth with a sexual organ without consent
• The spouse’s sexual organ was penetrated or came into contact with the other party’s mouth, sexual organ, or anus
• The spouse was forced to have sexual activity with others

Aggravated sexual assault (Texas Penal Code 22.021) occurs when the spouse suffers serious bodily injury or the perpetrator attempts to cause the spouse’s death. Aggravated sexual assault also includes:

• Placing a spouse in fear of death, kidnapping, or bodily injury
• Using one or more deadly weapons
• Threatening to kill, injure, or kidnap someone
• Using one or more date rape drugs to commit sexual assault
• Spousal rape when the spouse is older than 65, younger than 14, or disabled

Although the title says spousal rape, the charge is used for ex-spouses and individuals considered long-term intimate partners. If a victim is forced, coerced, threatened, or incapacitated, the victim and the police can charge the perpetrator with spousal rape.

Date Rape

There is no specific law in Texas for so-called “date rape.” If someone rapes a dating partner, then the rape is charged and prosecuted like any other rape case. 

Date rape occurs when a victim charges that they engaged in sexual intercourse without their consent. The alleged perpetrator is typically someone who is known to the victim. The individuals don’t necessarily have to go “on a date.”

Again, the idea of consent rules and just because a partner does not say no doesn’t imply they said yes or gave consent. The perpetrator cannot assume consent unless it is given clearly by a partner who is mentally and physically capable of providing it.

Have you been falsely accused of sexual assault or rape?
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The Role of Drugs and Alcohol in Consent

If the victim is under the influence of drugs or alcohol, they cannot give consent, including date rape drugs or club drugs such as:

• Rohypnol or roofies
• Gamma hydroxybutyric acid or GHB
• Ketamine or K

If any of these drugs, other drugs, or alcohol are found in the victim’s system, the law says the victim was unable to provide consent. Anything that impairs judgment complicates sex and plays a significant role in date rape accusations.

While the involvement of substances before sex doesn’t guarantee rape was committed, it does cause the issue of consent to become murky.

Penalties for Spousal or Date Rape

All occurrences of rape are treated the same whether the individuals are married, dating, acquaintances, or strangers. No means no, and the lack of yes doesn’t imply consent.

Rape is a second-degree felony resulting in two to ten years in prison and a fine of up to $10,000. The perpetrator must register as a sex offender for a period determined by the judge at the time of sentencing. It could be for life, depending on the circumstances and facts.

If the charge is elevated to aggravated rape, the crime becomes a first-degree felony. Aggravated rape includes rapes where club or date rape drugs are used. A first-degree aggravated rape conviction results in five years to life in prison and up to a $10,000 fine. It can also extend the period for sex offender registration to life.

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What to Do if You Are Accused of Rape

First, realize that even though you are married, you cannot force your spouse to have sexual relations. To do so can result in criminal charges. Forcing your spouse into sexual activity is still rape. 

In cases of any rape accusation, you need to retain an experienced criminal defense attorney familiar with the rape laws in Texas.  Also, you must be willing to provide all communications between you and the accuser to your lawyer.

The entire charge hangs on the idea of consent, and each party may have a different view of whether consent was given or not. 

Once you are accused, cut all ties with your accuser. Do not attempt to contact them in any way for any reason, even if you intend to apologize. Any further interaction can have a negative effect on your case.

Rape is an emotionally charged concept, and it’s painful and frightening to be accused when you believe you acted in good faith and with your partner’s consent. However, ignorance of the use of coercion, force, drugs of any kind, or alcohol on the ability of your partner to provide consent will not eliminate or reduce the charges.

Don’t try to settle this yourself. If you are accused by your spouse or anyone else of rape, call the Law Office of Greg Tsioros immediately. We can help you gather evidence and fight this charge that can cause reputational harm for life if you are convicted.