Cofer Luster Criminal Defense Lawyers | June 19, 2025 | Sex Crimes

Consent Laws in Texas

In Texas, consent plays a central role in criminal cases involving sexual activity. Understanding what the law considers valid consent (and what it does not) is critical for anyone facing accusations or navigating a sensitive legal situation.

Consent laws help define the boundaries of lawful behavior. If those boundaries are crossed, even unintentionally, it can result in serious criminal charges, including sexual assault. Here’s a breakdown of how consent works under Texas law and how it can impact a criminal defense case.

Texas law defines consent as “assent in fact, whether express or apparent.” Broadly speaking, it is a voluntary, informed, and mutual agreement between participants to engage in specific sexual activity. 

The law assumes that adults who are mentally capable can give consent freely unless there is coercion, force, deception, or some other factor that undermines their ability to agree.

Consent must be:

  • Given freely without force or threats
  • Based on a clear understanding of the nature of the act
  • Able to be withdrawn at any time

If a person changes their mind, stops cooperating, or says “no,” continuing any activity may result in criminal charges. In many cases, disputes about consent come down to one person’s word against another’s, which is why these cases are taken seriously and require a strong legal defense.

There are several situations where Texas law says a person cannot legally give consent, even if they appear to agree at the time.

Consent is usually not legally valid when:

  • The individual is under the legal age of consent
  • The person is unconscious, intoxicated, or otherwise mentally incapable
  • The actor uses force, violence, or threats
  • The actor is in a position of power, such as a teacher, coach, or caretaker

Even if both parties seem to agree, consent is not recognized by law in these cases. For example, someone who engages in sexual activity with a person who is heavily intoxicated could still be charged with a crime, regardless of the other person’s behavior at the time.

In Texas, the legal age of consent is 17 years old (18 in some contexts). This means anyone under that age is legally considered unable to consent to sexual activity with an adult.

There are some exceptions, such as the “Romeo and Juliet” law. This law provides an affirmative defense if both individuals are close in age (typically within three years of each other) and the younger person is at least 14 years old. 

However, this does not apply in all cases and does not protect against charges involving coercion or abuse of power.

If you’re facing charges related to lack of consent, your entire defense may depend on the facts surrounding the encounter. A criminal defense attorney will closely examine the circumstances, including any communication before and after the event, the age and mental state of both parties, and whether there was any pressure, deception, or misunderstanding.

Consent is often the most disputed element in these cases. With so much at stake, it’s critical to have a defense attorney who understands how Texas law treats consent and how to challenge the prosecution’s version of events.

Contact a Criminal Defense Lawyer in Texas for a Consultation

Being accused of a crime involving a lack of consent can change your life. A conviction can result in years behind bars, registration as a sex offender, and permanent damage to your reputation. However, it’s important to remember that you’re innocent until proven guilty. 

A Texas criminal defense lawyer can evaluate the strength of the charges and help you build a defense based on the specific facts of your case. For help in Fort Worth, Texas, reach out to Cofer Luster Criminal Defense Lawyers to schedule a consultation.

For more information, please contact the sex crimes law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102