Sexual Assault

Sexual assault is what many refer to as rape but does not always necessarily include intercourse.   Sexual assault can generally be defined as any non-consensual, unwanted sexual contact against another person involving penetration.  Sexual assault occurs when a person intentionally or knowingly penetrates the anus, mouth, or sexual organ of another person, without that person’s consent or causes the person’s sexual organs to contact or penetrate the mouth, anus, or sexual organ of another person without the victim’s consent. 

A victim has not consented if:

The actor uses violence, force against the victim or threats of force or violence against the victim or another person when the alleged victim believes that the defendant has the immediate ability to execute the threat

The defendant knows that the alleged victim, because of a mental disease or defect, is unable to consent or resist

The actor is a government employee or official who coerces or manipulates the victim to participate or submit to the sexual act

The victim is unconscious, unable to resist, unaware that the assault is occurring, or is impaired by ingestion of a substance (any chemical or controlled substances) without the alleged victim’s knowledge

If the victim is a child under the age of 17, Texas law presumes that the child cannot consent so any sexual act against or causing the child to commit an act is considered sexual assault. 

There is no exception in Texas law because of marital status.  Sexual assault can occur even between a married couple.  If a spouse alleges one act of intercourse that occurred without consent, it will still be considered sexual assault despite the fact the two people are married.

Statutory Rape

In the case of statutory rape (sexual contact with a child under the age of 17), a child may consent to a sexual act and it still be considered sexual assault.  However, an affirmative defense exists if the child is over the age of 14, the child consents without influence and the child’s partner is less than three years older than the child.  Additionally, Texas law does not require that the adult even know that the child was under the age of 17 to be considered sexual assault.  Even if the minor lies about their age and tells the adult they are 17, it can still be considered sexual assault.  If both parties are under the age of 17, then it may not be considered sexual assault. 

The victim’s testimony is crucial in sexual assault cases, as sometimes a case may lack physical evidence to support a claim of sexual assault and frequently results in the victim’s word against the defendant.  In some instances, the victim’s testimony may be enough to convict a person of sexual assault despite the lack of physical evidence so it is very important to have an experienced attorney who knows how to appropriately handle cases like these.

Most cases of sexual assault are second degree felonies and can result in penalties of two to 20 years in prison and a fine of up to $10,000.  In some instances, a person convicted of sexual assault may be placed on probation (so long as it was their first sexual offense) and this could be  up to ten years of deferred adjudication and with the possibility of up to 180 days in county jail as a condition along with the possibility of court ordered classes and court costs. 

For a person who is convicted of sexual assault, aggravated sexual assault, or indecency with a child by contact gets automatic life sentence (35 year minimum) if he was previously convicted of a felony sexual offense.