I had just turned 18 and my best friends, Mary and Luke thought I should celebrate, after finishing our classes for the day in Excel Institute of Technology, Houston. We headed to the nearest bar and restaurant, Macy's, and ordered some burgers and fries. Ten minutes later, some of our classmates joined us, among them Jake, popularly known as the bully. We were in such high spirits no one would put us down, so we sipped our beer, and when I finished mine, Jake decided to be a gentleman and went to refill my glass. It was out of character for him, but I was still grateful that he wanted to be nice for my special day.
Too good to be true
A few drinks later I started feeling dizzy and asked Mary to take me back to my room, but I was too heavy, so Jake offered, seeing that Luke was also drunk. He carried me to his truck and started driving. My eyes were could barely stay open, and I was limp. The next thing I remember is waking up in my bed, naked and feeling like someone had torn apart my body into pieces. I tried standing but the pain emanating from between my legs was too much to bear, and it dawned on me that Jake had taken advantage of me and raped me.
Seeking justice
I felt ashamed and used but decided it was up to me to stop him from causing other girls any harm. I searched for an attorney to assist me take the best action against Jake and was lucky to get Martin, a sexual assault attorney. Martin explained to me that under Texas law, I was not a child since I was over 17 years and the fact that Jake had penetrative intercourse is the only thing that made my case valid. Had I been groped or sexually assaulted without any penetration or weapon, then Jake would have been charged under class C misdemeanor, which is the lowest criminal offense in Texas. I could not believe that my unfortunate rape incident was somehow my saving grace. I came to learn that while rape and sexual assault have different definitions, rape is still a sexual assault crime and Texas is among five states in the United States that nullify the broad spectrum of sexual violence.
Final verdict
Jake was charged with sexual assault because he had ensured I was physically unable to resist his actions which amounted to lack of consent. Since Jake had used ketamine popularly called the "date rape" drug, his charge changed from sexual assault to aggravated sexual assault. Had it only be sexual assault charges, it would have fallen under a second-degree felony. However, being aggravated sexual assault pushed it to the first-degree felony. In my case, I was an adult, and since Jake had left his DNA, the felony indictment had no time limit. If I had been naïve enough to take a shower, I would have erased any DNA present which would lower the felony indictment to 10 years from the date when Jake had raped me.
Too good to be true
A few drinks later I started feeling dizzy and asked Mary to take me back to my room, but I was too heavy, so Jake offered, seeing that Luke was also drunk. He carried me to his truck and started driving. My eyes were could barely stay open, and I was limp. The next thing I remember is waking up in my bed, naked and feeling like someone had torn apart my body into pieces. I tried standing but the pain emanating from between my legs was too much to bear, and it dawned on me that Jake had taken advantage of me and raped me.
Seeking justice
I felt ashamed and used but decided it was up to me to stop him from causing other girls any harm. I searched for an attorney to assist me take the best action against Jake and was lucky to get Martin, a sexual assault attorney. Martin explained to me that under Texas law, I was not a child since I was over 17 years and the fact that Jake had penetrative intercourse is the only thing that made my case valid. Had I been groped or sexually assaulted without any penetration or weapon, then Jake would have been charged under class C misdemeanor, which is the lowest criminal offense in Texas. I could not believe that my unfortunate rape incident was somehow my saving grace. I came to learn that while rape and sexual assault have different definitions, rape is still a sexual assault crime and Texas is among five states in the United States that nullify the broad spectrum of sexual violence.
Final verdict
Jake was charged with sexual assault because he had ensured I was physically unable to resist his actions which amounted to lack of consent. Since Jake had used ketamine popularly called the "date rape" drug, his charge changed from sexual assault to aggravated sexual assault. Had it only be sexual assault charges, it would have fallen under a second-degree felony. However, being aggravated sexual assault pushed it to the first-degree felony. In my case, I was an adult, and since Jake had left his DNA, the felony indictment had no time limit. If I had been naïve enough to take a shower, I would have erased any DNA present which would lower the felony indictment to 10 years from the date when Jake had raped me.