Learn more about the types of sexual assault charges in Texas

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Brenna Mills
November 21, 2019

Many times in the public, you hear the word “rape” used regarding a sexual assault offense.  However, the word “rape” does not appear anywhere in the Texas penal code. Instead, terms like “sexual abuse”, “deviate sexual behavior”, and “sexual assault” are used to describe crimes like rape. That being said, rape conveys a strongly worded form of non-consensual sexual activity while a term like “sexual assault” is more ambiguous and appears to be broader in scope. Thus, the difference between sexual assault and rape in Texas is nominal, but still an important distinction, especially when defending the case.

What is Rape?

The federal penal code and other jurisdictions use the term rape to describe forcible, non-consensual penetration of a bodily orifice. Force can include other kinds of coercion including extortion, threats, or even deception. The key factor is that it is always against someone’s will or the individual is perceived to not have the legal capacity to consent (ie: children).

 

In Texas, if you are accused of the crime mentioned above, you will be charged with sexual assault.

Texas Law and Sexual Assault 

You will find the legal definitions for various types of sexual assault in the Texas Penal Code Section 22.011(a)(2)(A). In Texas, sexual assault is defined as the intentional penetration of a victim’s sex organ, anus, or mouth without their consent. You can likewise be charged with sexual assault if you cause the victim’s sex organ to penetrate your body without their consent. 

 

Similarly, the State of Texas restricts all sexual contact between adults and minors. You can be charged with sexual assault if you penetrate the mouth, anus, or sex organ of a child by any means, or you cause them to penetrate yourself or another person. 

 

Additionally, the State of Texas restricts sexual contact between fully-abled adults and those with disabilities that preclude them from giving consent. This can include nursing home patients or those with developmental disabilities. It also includes adults who are inebriated to the point that they are no longer capable of giving consent. 

How Sexual Assault Prosecutions Work in Texas

As soon as a victim reports a sexual assault to police, the police begin to perform forensic tests on the victim. This can include looking for skin cells, semen, hair, and more. This evidence is placed into a kit and then tested against the DNA of the alleged victim.

 

In cases where the prosecution has sufficient evidence to link the alleged attacker to the victim, the prosecution still has to prove that the alleged attacker knowingly and intentionally forced the alleged victim into a sex act against their will.

 

There are two reasons why this is important. Firstly, DNA evidence is not sufficient (unless the victim is a child) to prove that sexual assault occurred. The prosecution will then lean on the victim’s testimony to show that the sexual contact was not consensual, along with other forms of evidence (i.e. signs of force).

Penalties for Sexual Assault

Sexual assault is considered a second-degree felony and carries a minimum sentence of two years in state prison. Penalties for sexual assault can go up to 20 years, depending on the circumstances. 

 

There are also aggravating factors that could conceivably make the penalties for sexual assault more severe. Situations that can raise a simple sexual assault to an aggravated sexual assault include the use of a weapon, stalking the victim, making the victim fear for their life, or having a second perpetrator assist in the crime. Aggravating factors also include the age of the victim, the relative helplessness of the victim, or if the sexual assault occurred more than once, which can lead to a continuous sex abuse charge if it involves a child.

Talk to a Forth Worth, TX Criminal Defense Attorney

The attorneys at Hoeller & McLaughlin, PLLC have substantial experience defending clients against numerous crimes in the State of Texas, including sexual assault. Partner Colin McLaughlin is Board Certified in Criminal Law by the Texas Board of Law Examiners and is a former Assistant District Attorney in the Sex Crimes Unit at the District Attorney’s Office.  Call us today for more information or to see how we can help – 817-334-7900. 

 

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