Regret vs Lack of Consent: Rape Laws in Texas


More and more cases of “next day regret” are becoming rape charges in Texas. Young people meet, drink to excess, engage in intercourse and go their separate ways. The next morning the young woman may regret her decision or not have the emotional capacity to understand or rationalize her conduct.


The questions that the DA and detectives should be asking are:
1. What did the woman say to the man?
2. Did the woman give any verbal or non-verbal sign that she did not want to engage in sexual acts?
3. How much had each person been drinking?
4. Was the drinking voluntary?
5. Was one person giving the other alcohol or drugs in order to lessen their inhibitions?

If the answers to these questions do not indicate that the female did not want to have sex and communicated that to the man, it is not a rape. But you still may be charged.

What happens when nice co-ed calls a rape crisis center crying the next day b/c she can’t remember what happened? Who will be blamed?

Know you rights! Don’t talk to anyone except your attorney. And protect yourself against these types of situations by always having witnesses.

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10.0Katheryn H. Haywood
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