Was This Legally Sexual Assault If I Was Drugged By Someone Else And My Spouse Didn’t Know?

Location: Houston,TX

This happened about 7 years ago. I’m not pursuing legal action — I’m just trying to understand how this would be viewed from a legal perspective, define it.

I’m a guy, and at the time I was married to another man (possibly still my fiancé then — I don’t recall exactly). We went to a gay bar with some friends. I only had three drinks but blacked out completely — which has never happened to me from alcohol alone, and I didn’t get sick like I usually would if I were that drunk. It felt completely different. I believe with high confidence I was drugged by someone at the club. The only thing I remember after being on the patio is a dreamlike flash of being naked in bed with him on top of me. Then it was morning.

When I woke up, I was still naked, which felt immediately off — even when I’ve been very drunk, I always put underwear back on before sleeping. I asked my husband if we had sex, and he said yes. I told him I didn’t remember any of it, and he seemed confused, thinking I was just drunk. We had had drunk sex before, so to him that might not have seemed unusual, but I was fully blacked out — I have no memory of consenting or participating at all. Friends later said I seemed off that night, like I wasn’t really there.

I don’t believe he drugged me, but I do question whether he realized how out of it I was — and whether he continued anyway. He had controlling tendencies and his love often felt conditional, which became part of why we eventually divorced.

So again, just from a legal lens — not emotional — if someone is drugged by a third party and their partner has sex with them while they are blacked out, is that considered sexual assault under most state laws? Or would it likely be seen as a misunderstanding or just a bad night?