Texas Courts of Appeals
No. 03-18-00293-CR 2/5/20
Was an instruction on the statutory definition of “without consent” in Penal Code §22.011(b)(3) and (b)(5) properly included in the jury charge?
Yes. Because the evidence showed that the victim was intoxicated during the assault and indicated that she experienced periods of unawareness because of it, the evidence raised fact issues as to whether the victim had consented to having sexual intercourse with the defendant and whether she was unconscious, physically unable to resist, or unaware that the sexual assault was occurring. Thus, the trial court properly included the statutory definitions of “without consent” found in Penal Code §22.011(b)(3) and (b)(5). Read Opinion.
If you have a sexual assault case in which the victim was intoxicated or otherwise impaired, read this decision, both for its discussion of the jury charge as well as the development of the evidence. This decision will be a good resource for these types of cases, which unfortunately happen all too often.
Texas Attorney General Request for Opinion
RQ-0331-KP Request Received 2/5/20
In misdemeanor cases, does the trial court have authority to issue a capias on the filing of an information or complaint under Tex. Code Crim. Proc. Art. 23.04, but before commitment or bail under Tex. Code Crim. Proc. Art. 23.01? Read Request.