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Charge: Assault - State claimed client hit victim with a telephone and broke victim’s nose. However, the client was acting in self-defense.


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What is Consent?

In the context of sex crime accusations, the concept of consent is extremely important to understand thoroughly. In many cases consent is a very black and white idea, such as in the example of statutory rape, but in other situations it can be less clear what exactly constitutes consent. It is helpful to have a good understanding of the legal definitions and usage of the term.

When the question of rape arises, the two parties frequently have conflicting understandings of whether consent was given. If you are facing charges of a sex crime which you believe yourself to be innocent of, it is essential that you retain the services of a skilled attorney to help you defend your rights and interests.

Legal Definitions

Giving consent, in its simplest form, is to agree voluntarily to the act or proposal of another party. Understanding exactly what constitutes consent is essential as whenever sexual relations occur with consent, a sex crime has occurred. The following terms may be of interest:

  • Expressed consent: Clear and unmistakable consent, as with verbal or written conset.
  • Implied consent: An inference based on a person’s conduct, and not specifically expressed.
  • Age of consent: The age a person must be in order to be legally viewed as capable of consenting to sexual relations. In Texas, the age of consent is 17.

Frequently rape allegations can hinge on the question of implied consent, and defense against such allegations can be complicated.

Contact Us

If you are facing accusations of a sex crime, it is imperative that you seek legal representation to protect your rights and your reputation. Call the experienced and knowledgeable Houston criminal defense lawyers of Johnson, Johnson & Baer, P.C., today at 713-523-0404 for a free consultation to discuss the details of your case.