In Texas, consent is a limited defense.
Consent is never a defense in allegations involving a child under 14. This is a bright line rule: even a 14 or 15 year old would be unable to avail themselves of the defense because a child under 14 is legally incapable of consent.
In cases involving a minor child under 17, consent may be a defense so long as the accused was not more than three years older at the time of sexual contact.
The only time that consent may be consistently used as a defense is in cases involving another adult who was physically and psychologically capable of consenting at the time of intercourse. Although the police are encouraged to obtain written consent before searching your home or car, there aren't too many written consent forms floating around a person's bedroom. Consent is often a difficult issue to both prove and disprove, which is why many sexual assault cases are labeled as "he said / she said."
Circumstantial evidence, extenuating circumstances, and the history of the relationship between the parties often provides insight. Often this is an area of factual dispute which must be litigated because it is not easily resolved. |
