If you have been charged with sexual assault in Texas, you need to take it seriously. The state is aggressive in prosecuting violent crimes like sexual assault. If you are convicted, you could be facing jail time and fines. When you get out, a conviction could affect you for years to come — from loss of employment opportunities to loss of child custody privileges. Sexual assault can be rather complicated in Texas, which is why it is even more important to have a skilled Austin violent crimes attorney on your side.
How is Sexual Assault Defined in Texas?
Sexual assault is covered under the Texas Sexual Assault Penal Code 22.011 and is defined as:
- With intent or knowledge, penetrating the anus or sexual organ without someone’s consent
- With intent or knowledge, penetrating the mouth by a sexual organ without someone’s consent
- Without consent, causing another person’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person with knowledge or intent
The important element to all three of these scenarios is ‘without consent.’ Typically, the law allows someone over the age of 17 to consent. Consent does not necessarily mean someone needs to speak affirmative consent. However, the law defines ‘without consent’ to mean:
- Knowing someone is unable to resist or unconscious
- Using threats against someone
- Using violence, force, or coercion to compel the other person to participate
- Intentional impairment of a person’s ability to understand what is going on, i.e., roofie
Sexual Assault on a Child in Texas
If the victim is under 17, the law classifies him or her as a child. One important element of Texas law is that the offender does not need to know how old the child is in order to commit a sexual assault on a child. Sexual assault on a child can include:
- Causing penetration of a child’s mouth by a sexual organ
- Penetrating the sexual organ or anus of a child by any means
- Causing a child’s anus to make contact with the mouth, anus, or sexual organ of someone else
- Causing a child’s sexual organ to make contact with or penetrate the mouth, anus, or sexual organ of someone else
- Causing a child’s mouth to make contact with the anus or sexual organ of someone else
There are several rare exceptions to this, including if the alleged offender is actually married to the child in question. In theory, the law would then criminalize acts that occur between two children. However, there is an exception here as well when both children are close in age. For example, the youngest child cannot be under 14 years old and the other person more than three years older. In the event the older partner is registered as a sex offender, the exception would not apply.
Aggravated Sexual Assault in Texas
In some situations, the sexual assault may be considered aggravated, which would make the punishment more severe. Aggravating circumstances include factors like the victim being under 14 or over 65 or having disabilities, the offender brandishing a deadly weapon, or causing serious bodily injury. Sexual assault is a second-degree felony and punishable by anywhere from two to 20 years in prison and a fine up to $10,000. The penalties are stiffer if the victim is someone the perpetrator cannot marry or the assault was an aggravated sexual assault.
Let a Skilled Travis County Attorney Represent You
If you have been charged with sexual assault, contact Granger and Mueller PC today to schedule an initial consultation. Let us prepare the best defense possible.