How Texas Law Defines Sexual Assault
Sexual assault is one of the most serious violations of Texas law. Those convicted can face severe penalties, including steep fines, prison time, and lifetime sex offender registration. These consequences can ruin one’s employment opportunities, housing options, child custody arrangements, and personal reputation.
As a criminal defense law firm practicing throughout Austin and nearby, we at Chris Perri Law have successfully represented many clients facing charges for sex crimes, including sexual assault. Drawing on our professional experience, in this article we’ll clarify exactly how Texas law defines this crime, what the penalties can be, and the first steps to take following an accusation.
Sexual Assault: Defined
When people hear the phrase, “sexual assault,” the crime that typically comes to mind is rape. And while it is correct that rape is a type of sexual assault, other behaviors also meet the legal definition of sexual assault.
According to Chapter 22.011 of the Texas Penal Code, which is the set of Texas state laws related to crime and punishment, a sexual assault has occurred if any of the following are true:
The defendant caused the penetration, by any means, of the sexual organ or anus of the victim without their consent.
The defendant used their sexual organ to penetrate the mouth of the victim without their consent.
The defendant caused the sexual organ of the victim, without their consent, to contact or penetrate the mouth, anus, or sexual organ of another.
In essence, if a person forces another person to engage in a sexual act without their consent, then a sexual assault has occurred.
How Texas Law Defines Consent
Proving lack of consent is a central part of proving that a sexual act was criminal. According to Texas law, consent between adults cannot occur in a variety of circumstances, including if:
The defendant uses physical force, violence, or coercion.
The defendant threatens violence, and the victim believes that person has the ability to carry it out.
The victim is unconscious or physically unable to resist.
The victim is not aware the crime is occurring.
The victim is mentally impaired to the extent that they are “incapable either of appraising the nature of the act or of resisting it.”
The defendant has administered some form of date rape drug to impair the victim’s abilities.
The defendant is in a position of power over the victim, such as a doctor to a patient or a coach to a student.
If you are considering engaging in sex with another person, be absolutely sure that you have their consent–and that they’re legally, physically, and mentally able to give it. As you can see, there are many reasons why a person may be unable to provide consent.
Can a Child Give Consent?
In most cases, if the person acted upon is a child, then even with consent, the law views the sexual act as a criminal sexual assault. It’s important to note that it is not a legal defense for the defendant to claim that they didn’t know the victim’s age.
According to the Texas Penal Code, there are some situations where underaged people can give legal consent to engage in sexual behavior. These include:
If they are 17 or older.
If they are 14 or older and the other person is no more than three years older.
If they are legally married to someone older of any age.
What Makes a Sexual Assault “Aggravated?”
A sexual assault crime is considered more severe, or “aggravated,” if certain factors are present during the sexual assault. These include:
If the defendant causes, or tries to cause, serious bodily injury or death to the victim.
If the defendant uses a deadly weapon.
If the defendant incapacitates the victim by using a date rape drug, such as ketamine.
If the victim is younger than 14 years of age, disabled, or elderly.
To summarize, sexual assault is already a serious crime, but when it includes a weapon, bodily injury, drugs, or especially vulnerable victims, the consequences are even harsher.
Penalties for Sexual Assault
In Texas, all sexual assault offenses are classified as felonies, which are more serious than misdemeanors. If a person is convicted of a felony, they lose certain rights for life, such as the right to own a firearm, serve on a jury, or run for public office.
Aggravated sexual assaults are first-degree felonies, which is the worst level of crime in Texas. The penalty range is 5 to 99 years in prison and lifetime sex offender registration, which comes with a myriad of restrictions, such as where you can live, work, and visit.
Non-aggravated sexual assault crimes are second-degree felonies, which is the second most severe level of crime in Texas. The statutory penalty range for sexual assault is 2 to 20 years in prison and lifetime sex offender registration.
What to Do If Charged with Sexual Assault in Travis County or Nearby
As detailed throughout this article, sexual assault charges are some of the most serious. This is particularly true in Travis County, as the local district attorney’s office devotes extensive resources to prosecuting sexual and violent crimes. Based on our experience, Austin prosecutors focus less on crimes such as drug possession and more on crimes like sexual assault and family violence.
So, if you or someone you care about has been accused of a first or second-degree felony-level sexual assault, the most vital actions you can take are to stay quiet and invest in a competent criminal defense lawyer. Following these two steps could drastically help your future.
Often, when first under investigation, police ask to speak to a suspect. If a detective calls, we urge you to resist speaking with law enforcement without counsel present. Too often, people hesitate to retain a criminal defense attorney for fear of looking guilty. However, when people talk to the cops, they often end up making themselves appear worse.
Remember, regardless of the charges you may face, it is your constitutional right to have a defense attorney who will represent your interests and fight zealously on your behalf.
If You’ve Been Arrested for Sexual Assault, Chris Perri Law Can Help
At Chris Perri Law, our goal is to build strong relationships with clients based on trust, communication, and confidence. We keep our caseload low so we can devote all of our resources to achieving the best possible outcome for each unique case.
There is a reason why Chris Perri was selected for the elite 2022 Texas Super Lawyers List. Chris Perri has successfully helped many clients facing aggravated and non-aggravated sexual assault charges in and around Austin.
If you’ve been arrested for a sex crime in Travis, Hays, Bastrop, or Williamson County, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com to schedule your free, confidential consultation today.
No matter your situation, you deserve the best defense.