Rape Cases in Texas

[danamarie]

What is the name of your state (only U.S. law)? Texas

Very recently my roommates and I moved into a new apartment and the second night in the apartment one of my friends was sexually assaulted by a 29 year old man who had lied about his age and was actually dating my other roommate. The roommate who was sexually assaulted was sleeping when it happened and called the police early the next morning. She got a rape kit done and is pressing charges. Her and the investigator even got the guy to admit what he had done on a recorded phone conversation. We just found out that he has gotten a lawyer and plans to plead not guilty. My question is, is it legal in Texas to use a recorded phone conversation in court, if the other person had no knowledge it was being recorded? Also what type of court would this case even go to?What is the name of your state (only U.S. law)?

 

[cbg]

You don't think the prosecuter will know what to do with the recording? Believe me, he will know what evidence can and cannot be received. And if he doesn't, the judge will.

Besides which, pleading not guilty is not the same as saying, "I didn't do it". It is saying, "I am standing on my right under the Constitution to have the state prove me guilty".

 

[CavemanLawyer]

Texas is a one party consent state meaning that this individual does not have to consent to the audio recording of his conversation as long as one of the people he is speaking to does consent to the recording. Yes the recording can absolutely be used as evidence in court.

If no weapon or drug was used and this victim is of age then this is a sexual assault which is a second degree felony. The case would be brought in a District Court in most counties. If the county is very small they may not have a District Court in which case it would be filed in County Court.