Date Rape


Accused of the crime of date rape and need to talk about the situation with an experienced Houston criminal defense attorney? Call the Madrid criminal defense law firm at 713-877-9400.

Rape occurs whenever sexual activity takes place without consent; penetration is not required. Date rape is the most common type of sexual assault. It is distinguished from rape by the fact that the victim knows the perpetrator and may oftentimes have a close personal relationship with that person.

Sexual acts committed against victims who were intoxicated or under the influence of “date rape” drugs are considered to be a crime, as those who are incapacitated are considered unable to offer consent.

Its a Serious Felony Offense

Date rape can be either a first or second-degree felony offense depending upon the circumstances. A few of the things that can determine the classification of this crime include:

  • Age of the victim
  • Perpetrator who uses position as a clergy member or mental health services provider to exploit the victim
  • Use threats of force or physical violence in committing the act
Houston criminal defense attorney
Houston criminal defense attorney Mario Madrid

The penalty for one of these felony offenses can be a prison sentence ranging from two to 99 years along with a fine of up to $10,000. Those who are found guilty of this offense will also be required to register as a sex offender indefinitely.

Preparing a Criminal Defense Strategy for Date Rape Cases

The role of a date rape attorney is to scrutinize the evidence that’s available in order to ensure the prosecution has a strong case. Since the burden of proof is on the state of Texas, it’s important to try to find gaps in the prosecutor’s case as early as possible. This can sometimes lead to the dismissal of charges due to a lack of evidence.

An attorney will also ensure that prosecutors turn over any exculpatory evidence, which is data that would prove one’s innocence. Part of this exculpatory evidence could include proof of consent on the part of the victim. Eyewitness statements will be thoroughly examined in order to determine if there are conflicts in the official story that might indicate a conspiracy to ruin one’s reputation.

Get Help From a Houston Criminal Defense Attorney for Date Rape Charges

Those who are accused of date rape or any sex crime face a tough legal battle along with a great deal of public embarrassment. It can be easy for defendants to let these charges overwhelm them; however, having strong legal counsel can help to ease the burden.

Houston criminal defense attorney Mario Madrid is board certified in criminal law and has more than 15 years of experience handling criminal trials. He’s not intimidated by district attorneys. In fact, he’s a former assistant prosecutor for Galveston County himself. As such, he’s able to anticipate moves that are likely to be made by prosecutors in the court of law when pursuing convictions on alleged offenders.

For a free consultation, get in touch with Madrid Law at 713-877-9400.

Date Rape Charge Houston Criminal Defense Attorney