Colleges and universities in Lubbock treat rape and sexual assault charges seriously and with extreme care. A student’s university becomes their home away from home and this is often the first time they are out on their own. Under US Code, once the university receives allegations of a sexual assault or a rape, if they do not investigate the allegations, they are subject to potential lawsuits or a loss of federal money, so they are investigated swiftly.

If you are facing charges of a sexual assault or rape on campus, the services of a Lubbock student sexual assault and rape lawyer is essential. A student defense lawyer with experience in a variety of cases will best be able to protect your rights and build a defense.

Issue of Consent

There are a few important considerations of consent in terms of sexual assault on campuses. Consent is when someone gives permission to sexual activity with another person and it can be withdrawn at any point from either party, and consent cannot be validly given by a person who is underage or incapacitated in any way, such as under the influence of alcohol. In the state of Texas, a person has to be 17 to be able to legally give consent. If someone is under that age, even if they had sexual intercourse voluntarily, they are not able to consent to it.

Under the law, there are certain entities that are not able to give consent. There are certain laws stating that an educator cannot have a sexual relationship with a student, even when there is consent. Those issues are clear in high school and can be a little different once a person gets to the age of consent in college. If a professor has a relationship with a student, that professor may face a loss of employment, but that does not necessarily mean that the professor is going to be charged with a criminal offense.

Potential Consequences

In Texas, rape is considered as sexual assault and involves a physical act of unwanted penetration, which differs from harassment charges that can be much more of an emotional, mental, or psychological behavior. Sexual assault charges will elicit further penalties.

When someone is found guilty of aggravated sexual assault, they could receive a prison sentence of up to life in prison. Most sexual assault cases are considered a first-degree felony, but there are some offenses that are lower than that. The consequence of someone being convicted is that they could be sent to the penitentiary with a long prison sentence. In addition, when that person gets out of prison, they probably fall under the state and federal sexual registration laws, such as having to comply with the sex offender registry. An experienced sexual assault lawyer in Lubbock will be able to potentially mitigate these charges.

Working with a Student Defense Attorney

The most important step a Lubbock sexual assault student defense lawyer is going to take is to immediately begin investigating their client’s charges. There are two sides to every story, and an experienced attorney will be able to put forth a proper investigation. The lawyer needs to be able to do the investigation using an investigator in-house to start and they must know the law and be able to identify the issues to investigate. The background of any person who makes an allegation must be evaluated. They will look into whether or not this type of event has happened before if there are facts or witnesses that show this person has made a prior allegation that was untrue and unfounded, or if that leads to the credibility of that person.

There are many ways to develop a good defense with the help of a sexual assault and rape student defense lawyer in Lubbock and they will work hard to provide witnesses and uncover evidence in order to help anyone facing charges get the best possible outcome in their case.