Russell D. Hunt Sr., Attorney at Law
Free Consultation 254-304-6354

What is consent in Texas?

If you are a Texas resident, it is important to know your state’s sexual assault laws surrounding consent. Sex acts may become rape when consent is lacking, and the definition is not always intuitive. The following are several situations that affect whether someone has consented to a sexual act.

Many consent laws in Texas are centered on a person’s awareness of what he or she is doing. For instance, someone may be unable to consent if he or she is unknowingly given a substance affecting his or her ability to appraise the situation, has a mental disease diminishing the ability to assess the circumstances, is unconscious, or is otherwise unaware the sexual assault is happening to him or her.

Another major element of consent involves control. A person is unable to freely consent if he or she is unable to resist because control is exerted over him or her. Control may take many forms under such laws, and there is some overlap. For instance, mental disease, unconsciousness, and substances not only affect a person’s awareness, but also his or her ability to resist. Likewise, if an actor controls another person by physical force or threats, the other person has not consented to the acts that follow.

Texas law also looks at the relationship between the actor and the other person in certain professional or religious settings. In such circumstances, analysis includes whether a person was coerced by exploitation of his or her emotional dependency on the actor. Examples of actors to whom this analysis applies are health and mental health care providers, clergyman, residential facility employees, and public servants.  

Understanding consent in Texas is an important part of knowing sexual assault law. The primary concerns are a person’s level of awareness, ability to resist, and whether there was an exploitive professional or religious relationship. These concepts are key to understanding the question of consent.

This information is provided for educational purposes and is not intended as legal advice.  

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Me To learn how I can Help

For prompt, focused attention to your needs and concerns involving any criminal charge, please contact me at our law offices in Waco, Texas, at 254-304-6354 and request a free initial consultation with an attorney.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Russell D. Hunt Sr., Attorney at Law

425 Austin Avenue
Suite 1202
P.O. Box 726
Waco, TX 76701

Phone: 254-304-6354
Fax: 254-753-8118
Waco Law Office Map

location map