Understanding Sexual Assault Laws in Texas: What You Need to Know

In Texas, sexual assault is one of the most complex and serious crimes. For anyone who is facing charges of sexual assault, it's essential to understand their rights. Additionally, they should understand the laws in Texas that relate to sexual assault accusations, how the laws are defined, and how they are punished.

A conviction for sexual abuse or assault could have life-changing consequences. These include a long prison sentence, mandatory registration as a sex offender, and irreparable harm to a person's professional and personal reputation.

Sparks Law Firm is a local Fort Worth criminal defense firm that is ready to help anyone who has been accused of sexual assault or similar crimes. The team has been working in criminal defense law for many years, and free consultations are available. They can also answer questions like How do prior convictions impact assault penalties in Texas?

What Is Considered Sexual Assault in Texas?

To understand what is considered sexual assault in Texas, the accused must look at Texas Penal Code section 22.011. This outlines sexual assault as the following:

Intentionally or knowingly causing a sexual act or penetration without the consent of the other person. 

The most important part of these cases comes down to one word: "consent." How consent is interpreted can greatly affect the outcome of a sexual assault case. Sexual desire is normal, but to engage in a sexual act, a person must have the other person's consent.

According to this law, a person commits sexual assault if they have any of the following types of sexual contact:

• Penetration of the mouth of another person with the sexual organ of the actor without consent

• Penetration of the anus or sexual organ of another person without consent

• Cause the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of the actor.

This same statute also applies to situations involving those who cannot give consent, including minors, those with mental disabilities, or those who are under the influence of alcohol or drugs.

When Is Consent Not Recognized by Texas Law?

There are several circumstances where a person in Texas cannot legally consent to sexual contact, and this is something that can negatively affect the case of the accused. Here are some of those circumstances:

• The victim is a person younger than 17 years old and not legal adult age.

• The victim is unconscious, or they are physically unable to resist.

• The victim has a mental disease, illness, or disability that makes them unable to understand what is happening to them.

• The offender uses violence, physical force, or threatening actions to limit the other person's power and affect the other person's dependency.

• The offender manipulates the other person's knowledge of what is happening at the time of the offense.

• The offender is a public servant or in a position of authority. This includes a teacher, health care services provider, mental health services provider or anyone hired to perform mental health services, psychologist offering psychological services, spiritual adviser, police officer, physical therapist licensed in the state, advanced practice nurse licensed in the state, physician assistant licensed in the state, a licensed professional counselor, a licensed social worker, chemical dependency counselor, and many others.

Even if the victim doesn't physically resist the act of sexual intercourse, or if they do consent but aren't legally able to consent, a prosecutor can still bring charges against the accused.

Penalties for Sexual Assault in Texas

In Texas, there are strict penalties for sexual assault. However, sentences vary based on the severity of the crime and the circumstances of the case. Most sexual assault charges are considered a second-degree felony. This can carry up to 20 years in prison/state jail, felony fine of up to $10,000, and the person must become a registered sex offender for a set amount of time.

If there are aggravating factors, this can elevate the charge to a first-degree felony. A first-degree felony comes with a 5 to 99 year imprisonment, with some cases getting life imprisonment. The person also must register as a sex offender for the rest of their life.

These aggravating factors include using a deadly weapon during the assault and causing serious bodily injury to the victim. If the victim is under the age of 14, or if the offender has a previous sexual assault conviction, these are also considered to be aggravating factors.

Sexual Assault of a Child in Texas

When a minor is involved in a sexual assault, the state treats this as even more serious. Sexual assault of a child occurs when a victim is under the age of 17. It doesn't matter if they give consent.

The state does not recognize the consent of minors in this case, nor does the person's consent legally allow the accused to have sexual contact with the minor.

The prosecution can claim that the other person's emotional dependency to the accused made them comply.

In most cases, this is a first-degree felony, and it can result in life in prison, and a mandatory lifetime registration as a sex offender.

Aggravated Sexual Assault

Under Texas law, aggravated sexual assault is a very serious charge. It is defined under Penal Code 22.021. A sexual assault becomes aggravated sexual assault when the following elements are present:

• Causing serious injury to the victim, or attempting to kill the victim.

• Threatening the victim with death, injury, or kidnapping.

• Using a deadly weapon during the assault to make the victim submit or participate in the act.

• If the victim is under the age of 14 years old, an elderly person, or a disabled person.

If a person commits an offense that is considered aggravated sexual assault, it is a first-degree felony.

Sex Offender Registration Requirements

If a person is convicted of sexual assault in Texas, they are usually required to register as a sex offender. Registration requirements vary. Some are 10 years, and others are for life.

If a sex offender fails to register, they could be charged with another felony.

Common Legal Defenses to Sexual Assault Charges

Being accused of sexual assault is devastating, but it's important to remember that a charge doesn't automatically mean a conviction. A skilled criminal defense attorney in Fort Worth can defend their client in a number of ways:

The Accused had Legal Consensual Sex

Many times, these accusations come down to "he said, she said," and an attorney can attempt to show that the sexual act was consensual by using evidence like text messages, emails, and witness testimony.

The Accused was Falsely Accused

In some cases, a person intentionally makes up or falsely accuses the defendant of the crim. This often occurs due to jealousy or revenge. An attorney can use evidence to challenge the credibility of the accuser.

The Accused was a Victim of Mistaken Identity

Witness identification is not always reliable. If there is a chance that the accuser has misidentified the defendant, an attorney can use forensic evidence and alibis to build up a defense.

There is Insufficient Evidence

A prosecutor must prove that the accused person is guilty of the act beyond a reasonable doubt. If there is a lack of evidence, inconsistencies, or unreliable witnesses, this can cause reasonable doubt.

What an Accused Person Should Do

If a person is accused of sexual assault, or the person believes they will be, they should do the following:

• Don't speak to law enforcement without a lawyer present

• Avoid contacting the victim

• Preserve evidence that might support a defense

• Contact an attorney immediately

Often times, the criminal procedure in a sexual assault case is emotionally charged. Police and prosecutors often act quickly. It's equality important that a person accused of this crime acts just as quickly.

Why Hiring a Texas Criminal Defense Attorney Is Crucial

Because sexual assault is such a serious crime, it's so important to contact an attorney as soon as possible. A defense lawyer can do the following:

• Evaluate the evidence the prosecution has

• Identify constitutional violations

• Challenge testimony

• Depend a defense strategy

• Represent their client in court and negotiate with the prosecution

A lawyer from Sparks Law Firm can help those who are accused of sexual acts involving people that are seen as assault. Though a lawyer can't stop the other person's conduct, they can make sure that their client has their rights protected in court. Those who have been accused of this serious crime should contact Sparks Law Firm for a free consultation.