What is Considered to be Sexual Assault or Rape

[Not_Sure]

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.

[aardvarc]

No one can tell you EXACTLY which charges might apply without knowing ALL circumstances...."some" doesn't help us determine EXACTLY what actions occurred. You're talking about a LOT of gray area here - from lewd conduct, to simple battery, to full out felony sexual assault.

At the VERY least, drugging someone constitutes a form of battery. Use of a firearm for just about ANY purpose raises most crimes to felony level. Other charges could depend on what they were drugged WITH, certain relationships between the two (ie teacher/student), and a lot of other factors. You'll have to get much more specific before narrowing of possibilities can occur.

[cyjeff]

drugging someone to have intercourse with them is considered rape in any jurisdiction I ever researched.

[aardvarc]

But all the OP told us was "more than kissing". That could be a LOT of things and never get close to intercourse.

[Not_Sure]

Sorry about not being clear enough. No drugs and no weapon, and really no need for that. The situation I'm trying to describe is that both parties consented, at least based on what they thought to be the truthful situation. That being two individuals by themselves without any cameras or other people hiding with a camera for the sole purpose of embarrassing one of the parties. Also, regarding the level of sexual activity, enough for it to be considered rape.

So, two people having full sex, one is only there for the purpose of tricking the other into the situation so he/she/they can later embarrass the one who is engaging in the sex act, but is not fully apprised of the situation, and they are consenting to having sex believing that the other person is not tricking them into whatever you want to call it.

Hope this helps, and thanks again.

[cyjeff]

Let me make this as clear as I can.

Tricky someone into a compromising situation for the sole purpose of humiliating and/or blackmailing them is morally, ethically and legally reprehensible.

This is the reason we don't do hypotheticals.

By the way, you are also opening yourself up to a very expensive civil suit.

Last point... who would look like the worst person. One, a person that was engaged in an intimate situation based upon true feelings or, Two, a group of people that decided exposing another person's innermost feelings and most vulnerable moments would be fun?

I would hire the first. I wouldn't allow the second to cross the threshold into my office.

This is a terrible idea. You really should stop.... and seek some help for why you think this even approximates civilized behavior.

[aardvarc]

In addition to Uncle Jeffies excellent commentary...I'd also remind you that in the real-life example where the humiliated subject killed themselves....anyone who has worked in law enforcement or the criminal justice system for a even just a couple of WEEKS can name many MORE examples that would indicate that it's MORE likely that someone so humiliated may instead react by trying to kill those who INFLICTED that humiliation, rather than, or in ADDITION TO themselves. Actions have consequences. People in such a traumatized emotional state often don't stop to consider that their RE-actions towards those who have wronged them are moral, ethical, or legal, either. People who make such beds often end up laying in them.