I recently saw a video of a licensed therapist making the following claim:
"If you force your partner when they've told you 'no' by manipulation, or aggression, or pouting, that's rape."
I can agree with aggression as that can pose a threat to one's safety. But pouting, a form of manipulation, doesn't, in itself, pose a threat to one's safety. Would that rise to the level of coercion?Can one actually be charged with rape because they pouted so their partner would give in to having sex with them? If so, I will need to hire an attorney and press charges.
Here is the video: https://vm.tiktok.com/HWN4hH/
1) This is a ridiculous premise. 2) The relevant Texas statute is posted below. 3) If you were sexually assaulted, you don't need to hire an attorney. Just call the police.
(a) A person commits an offense if :
(1) the person 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) regardless of whether the person knows the age of the child at the time of the offense, the person 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, violence, or coercion;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to 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.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
If the "licensed therapist" can help a person with recovering from a sexual assault, or aggravated sexual assault, then that is a wonderful thing, and the therapist's opinion should be considered with highest regard in such case. However, when a "licensed therapist" is defining crimes and expressing opinions about legal considerations... the therapist is way out of his/her depth ... and for those times the therapist is no more qualified to make those determinations, or give those opinions, as I would be performing psychotherapy, psychology or psychiatry ... Education, training and experience is divided into different disciplines for a reason ... Crossing over from one to the other such that uneducated, untrained and inexperienced opinions are given as "professional" opinions ... well ... they are opinions, but they are worthy of treatment nothing "close" to expert opinions ... They are just "opinions" ... and like "neck bones" ... we all have one ... My question raised by your post is simple: How can an adult give in to "childlike" behavior to engage in an "adult activity" and not look at herself when having second thoughts after having given in to what amounts to a "child's" immaturity ... I agree with Ms. Jaggers ... "This is a ridiculous premise ..." Remember: When you point a finger at another person ... you have three more pointing back at you ... Good luck to you!
The more broadly therapists define any 'problem' the more potential customers she will have. Therapists like her define jealous and controlling behavior as "domestic violence" so you are safe to simply ignore their legal opinions with regard to CRIMINAL law. However, you can't dismiss them so easily in a FAMILY LAW dispute because there are fewer and less rigorous protections than in criminal law.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
IF you think you were raped, call the police. Make a police report and let them sort out all the details / laws. Good luck.
I am a Dallas area criminal defense attorney and former State prosecutor. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice. This answer does not form an attorney-client relationship.
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