Learn how Texas defines and punishes sexual assault
In the state of Texas, sexual assault is typically a felony that is punishable by up to 20 years in state prison. Those who are convicted of this crime may also have to pay a fine of up to $10,000. Under state law, rape or sexual assault can occur if a victim is coerced to participate in a sexual act or otherwise forced to do so against his or her will.
How Texas defines sexual assault
Under Texas statutes (Penal Code § 22.011), a person commits the offense of sexual assault in the following circumstances:
(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.
How Texas law defines “consent” in sexual assault cases
Generally speaking, consent can only be granted by a person over the age of 17 who is of sound mind. Furthermore, that person must be able to retreat from a sexual encounter and appreciate the consequences of engaging in sexual activity with another person. Consent can’t be given in cases involving partners who hold positions of power over others participating in a sexual act.
Therefore, a teacher wouldn’t be able to have a sexual relationship with a student even if that student is over the age of 17. It would also typically mean that a police officer couldn’t have a relationship with a suspect because of the power imbalance between the pair.
Those who provide care for a resident in a hospital or other medical care setting are barred from having any inappropriate contact with a patient. This may be true even if a patient understands what is happening and doesn’t seem to be bothered by it.
Exception to age of consent laws
According to Texas sexual assault laws, a child is determined to be any person who is 17 or younger. However, it may be legal to engage in sexual activity with a minor if a partner was not more than 3 years older than the minor. Therefore it could be permissible for a person to remain in a relationship with a younger boyfriend or girlfriend after his or her 18th birthday. It is important to note that the minor must be at least 14 years old at the time of the encounter.
Potential defenses to sexual assault charges in Texas
There are several potential defenses to sexual assault charges, including a lack of intent to break the law. It may also be possible to claim in court that any contact with a minor was for legitimate medical purposes even if it involved touching a sexual organ. This defense is generally acceptable assuming that the defendant did not make contact with a child using his or her own mouth or genitals.
An attorney may claim that a defendant did not have the mental capacity to understand what he or she was doing to another person. Finally, a defendant may be able to claim that the victim willingly consented to the act. In such a scenario, it would need to be established that alleged victim had the ability to consent to such an act.
Charges could be upgraded to first-degree aggravated sexual assault
If sexual assault or rape was aided by alcohol or drugs such as rohypnol, it may be considered an aggravated sexual assault. The same could be true if a defendant worked with another person or used a firearm to commit rape or other forms of sexual assault. Those who took advantage of someone who was mentally disabled, elderly or otherwise unable to decline a person’s advances could face an enhanced charge.
Finally, sexual assault could be considered aggravated if it resulted in a victim’s serious injury or death. The same is true if a defendant threatens to harm or kill another person if the victim doesn’t comply with an abuser’s demands. In the event that a person is charged with aggravated sexual assault in Texas, that person could face a minimum of 25 years to life in a state prison.
In the state of Texas, sexual assault is a serious offense that could lead to significant penalties for those who are convicted of it. In addition to spending time in jail or paying a fine, a person who is charged or convicted of such a crime could experience a loss of reputation within the community. Therefore, it’s worthwhile to consult an attorney who may be able to help clear your name.
The Law Office of Matthew D. Sharp is committed to fighting for your rights. Contact us today for your free consultation.
