My question involves criminal law for the state of: Texas
I'm wondering what might be considered rape or sexual assault based on some circumstances. This would be in Texas, and for a comparison, consider the Tyler Clementi situation. He was the 19 year old who committed suicide after a video was posted showing him with another male. I think they were just kissing.
For this, however, what if it was more than just kissing and was enough for it to be rape if Mr. Clementi had been drugged or at gun point. Also assume the other individual were fully aware of the other individuals, not just taping what was going on, but the others were hiding and watching. And, the other individual was not just in on the activity, or prank, or however one might describe it, his only purpose for engaging in any sexual activity was for the prank, which leads me to my question.
Could the other person be charged with a sexual assault? And I'll paste the only two items in the Texas statute that come close to addressing this scenario.
This is from the Penal Code Chap. 22
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
Thanks for any responses.