A change of law affecting crimes committed while a person is voluntarily intoxicated
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JUSTICE WAS NOT SERVED
In June of 2017 my 13 year old daughter was sexually assaulted by a former family friend while she slept in her bed. The former family friend was intoxicated after his bachelor party. We filed the Class 2 Felony Charge "Indecency with a child" against him and went to court. We took all the right steps and followed all the rules set out for us by our lawmakers. He was found Not Guilty by a jury due to a loop hole in Texas Law. Texas law requires "intent" and allows for "Mistake of fact" ie: "I thought it was someone else" as a legal defense. This has greatly impacted our family because now my daughter knows that even though she did nothing wrong and we did everything right in trying to protect her under the law....if you are drunk, it is ok to commit a crime.
Texas legal statute leaves for a loophole in crimes committed by persons who are voluntarily intoxicated with the word "intent". While the Texas legal code does not allow for voluntary intoxication to be an affirmative defense, the loophole comes from the word "intent" meaning a person knowingly commits an act with purposeful intent but the defense can argue that while intoxicated a person may not be able to make a purposeful decision thereby releasing them from the liability of "intent" or by "mistake of fact" ie: "I thought it was my wife but it was my daughter" defense attorneys argue that an intoxicated person may make a material mistake of fact because of their inability to make decisions while intoxicated. However, intent and mistake of fact do not diminish the ramifications on an innocent victim , especially considering an intoxicated person became intoxicated and in a state of being unable to make an appropriate decision from voluntarily participating in drinking...an activity that they have full knowledge can impair their decision making ability. Compounding this travesty is that drinking to intoxication is often the goal when a person is attending an event or party. So, the State of Texas has said that while intoxication is not a defense, the results of intoxication; the inability to make appropriate decisions, the inability to have intent or the case of mistake of fact, is a defense even though those conditions were directly related to intoxication.
I want to change the double standard in Texas law and hold intoxicated people responsible for crimes the commit while voluntarily intoxicated.
Note: I am not trying to change the law regarding IN-voluntary intoxication ie: someone slips something in your drink rendering you intoxicated or incoherent.
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