Charged with Sexual Assult, Counter-Suing Options

My question involves criminal law for the state of: Texas

My ex roommate is charging me with sexual assault after we ended up fooling around after a long night of heavily drinking. To me,and others, the case is complete crap and I don't believe the DA will even pursue it. When all of this happened I had to take the week of from work and try to find my self an attorney. I had to tell my work about it just in case something did happen, like getting arrested, so the possibility of me losing my job over this, or not getting a promotion is huge. When she moved out her stuff from the house we were living in some of my items went missing. I asked for them back and only got a few of them back, they know they have the rest but are pretty much taking their sweet time on getting them to me.

My question is, if this case doesn't even go to court or anything, what things can i counter-sue for? I'm not the one to normally do things like this, but they wanted to play hard ball, so lets play hard ball. I guess it wouldn't really be counter-suing, but what are all the possible things I could sue her for?

Sue for what? For her making a complaint of some sort of sexual assault? Even if the state does not feel that there is sufficient evidence to prove the case beyond a reasonable doubt at trial does not mean that it did not happen and the complainant is lying. The burden of proof would be upon you to show that she made the whole thing up ... can you do that?

But, you might be able to sue for property that she has possession of that belongs to you. Provided, of course, you can show that the property is actually yours.

Well from her statement on the police report she was apparently "blacked out" so the only reason she knows something happened is from what I told her. Some of the things I was told I could sue for are lost wages, potential lost wages, slander(the fact that she is running around telling everyone that I "raped" her).

To be honest I really don't want to sue, but if I am going to be hurt financially by this by having to get a lawyer than I would like to be repaid some how.

If you confessed to taking sexual advantage of her while she was obviously incapacitated or had passed out, it's hardly her fault that you're looking at charges.

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Quoting Texas Penal Code, Sec. 22.011. Sexual Assault.

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(a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(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;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

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Quoting swimm397

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Well from her statement on the police report she was apparently "blacked out" so the only reason she knows something happened is from what I told her. Some of the things I was told I could sue for are lost wages, potential lost wages, slander(the fact that she is running around telling everyone that I "raped" her).

To be honest I really don't want to sue, but if I am going to be hurt financially by this by having to get a lawyer than I would like to be repaid some how.

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If she was blacked out and you told her that you had sex, it would be reasonable to assume that she was raped. Being incapacitated would mean she was incapable of granting consent.

Even if you didn't touch her, it is extremely rare to prevail against an accusing victim. As I said, you would have to show that she made the complaint KNOWING that the allegations were false. Apparently, you cannot do that. But, if you have $10,000 or so to spend on lawyers and depositions, you might be able to roll the dice and hope for snake eyes.

I've already talk to an attorney about the case. My questions again was what options do I have after the case if found not guilty?

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Quoting swimm397

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I've already talk to an attorney about the case. My questions again was what options do I have after the case if found not guilty?

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You have many options. You can move on with your life and be thankful that you were not charged or convicted (whichever it is). You can sue her for making false allegations if you can prove she knowingly made false accusations. You can sue her for your property. You can essentially do whatever you want to do. The question is not what you CAN do, but what it is you want to do?

So, did you engage in a sexual act with her while she was unconscious or out of it?

I can not talk openly about the details of the case as it has not yet been closed, sorry. I just wanted to see what options I have after the case is closed.

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Quoting swimm397

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I can not talk openly about the details of the case as it has not yet been closed, sorry. I just wanted to see what options I have after the case is closed.

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Well, then. You have as many options as you wish to take and a can afford. But, it is highly doubtful that you will have any claim against your accuser absent a confession or an admission to someone else that she made the whole thing up. The system frowns upon discouraging victims from coning forth.

Even with a weak case these type of case can drag on then be dismissed thru the judge.da and trail,etc. It can drag on for awhile I would focus all my energy and concern on getting the case dismissed and then worry about the rest. People spend years in jail and became a registered sex offender on cases that on the whole should probably be thrown . Listen to your lawyer,I would focus on getting the charge dismissed then seeing what can be expunged,even an arrest record for sexual assault can come up in a backround check and other places causing a lot of problems.