Sexual Assault

What Is Sexual Assault?

Sexual includes intentionally penetrating or engaging in intercourse with a person without obtaining the permission of that person. It also includes any form of intentional sexual contact, such as fondling a person or grabbing their buttocks without their consent.

Is Sexual Assault Different From Rape?

While other states may have separate definitions and laws for rape and sexual assault, Texas does not. Here, rape and sexual assault are essentially synonymous and are covered together under Chapters 21 and 22 in the Texas Penal Code.

How Is “Consent” Determined?

Because sexual assault is defined as an intentional act without consent, this concept must be at least generally defined. The statute provides guidance by defining an act without consent as one where:

• A person submitted to the act through the other person’s use of physical force or violence.
• A person submitted to the act through the other person’s threat to use violence. The threat of violence must be made in a manner that makes the submitter believe they are in real danger.
• A person is sexually assaulted because they were unconscious or unable to respond to give consent.
• A person submitted to the act through the other person’s threat to use violence towards a third party. Again, the submitter must believe the person who is making threats is ready to back them up with actions.
• A person is sexually assaulted because they are mentally impaired and unable to give consent.
• A person is sexually assaulted by a public servant who has threatened to use their position unfavorably against the submitter.
• A person is sexually assaulted because they are in a state of mind where they are unaware the assault is happening.
• A person is sexually assaulted because they were drugged by the person assaulting them and therefore could not give consent.
• A person is sexually assaulted by their physician, psychiatrist, or other health services provider, who used their position of power to coerce the submitter.
• A person is sexually assaulted by their priest or other official in their church, who used a position of power to coerce the submitter.
• A person who resides in a nursing home, assisted living facility, or a similar kind of facility, is sexually assaulted by an employee at the facility.

Punishment for Sexual Assault

Sexual assault is a second-degree felony charge. If convicted of sexual assault, you could be fined up to $10,000, or sentenced to a term anywhere between 2 and 20 years in a Texas state prison, or both.

In some instances, sexual assault is a first-degree felony, which carries a fine of up to $10,000 and a prison term lasting from 5 up to 99 years. The first-degree felony charge is for people who sexually assault a person they claim to have married but to whom they are not legally married, such as an instance of bigamy.

Aggravated Sexual Assault

Sexual assault is considered an aggravated act if:

• The person committing the act caused or tried to kill or cause injury to the person during the sexual assault.
• The person committing the act threatens to hurt, kill, or kidnap a third party.
• The person who is assaulted overhears the person who committed the assault saying they would hurt, kill, or kidnap a third party.
• The person committing the act reveals a deadly weapon and uses or threatens to use said weapon during the act.
• The person committing the act gives drugs or alcohol to the other person in an attempt to impair their memory.
• The person committing the act allows another party to also sexually assault the other person.
• The person who was sexually assaulted is 14 years old or younger.
• The person who was sexually assaulted is elderly (meaning 65 years old or older,) or mentally or physically disabled.

Punishment for Aggravated Sexual Assault

Aggravated sexual assault is a first-degree felony. The fines and prison time are the same as a first-degree sexual assault felony. It is possible to automatically receive a minimum prison sentence of 25 years if:

• The person assaulted was younger than 6 at the time of the assault; or
• The person assaulted is younger than 14, and the person who assaults them causes injury or attempts to kill them.