TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    charging lack of consent in sexual assault
Go
New
Find
Notify
Tools
Reply
  
charging lack of consent in sexual assault Login/Join 
Member
posted
Following an objection to the generic "without consent" language in the charging manual, I need to re-plead that the Victimw was unconscious or physically unable to resist and that the victim did not know the assault was occurring. Could someone please tell me the actual charging language that you have used in those two situations? My attempts at the language have been very unwieldy. Thanks.
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
Member
posted Hide Post
So simply adding the statutory definitions you reference won't suffice, or did you already have that in there?
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
That's what I did, but it seems awkward. I can live with what I have done, but I am not happy with it.
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    charging lack of consent in sexual assault

© TDCAA, 2001. All Rights Reserved.