Sexual Assault Laws in Texas

Sexual assault laws in Texas fall under the same heading as other types of assault statutes. This crime comes in two main forms in Texas: sexual assault and aggravated sexual assault. 

Rape Laws in Texas 

Sexual assault laws in Texas don’t include the word rape. That doesn’t mean they don’t cover this crime. Forms of sexual misconduct that most people would refer to as rape technically qualify as sexual assault in Texas. 

In addition, sexual assault laws don’t cover Internet sex crimes. Other areas of the law cover such crimes in Texas. 

Important sexual assault laws in Texas are: 

Texas Penal Code Sec. 22.011. SEXUAL ASSAULT 

Under this Texas law, someone may be guilty of sexual assault if they: 

• Cause nonconsensual penetration of someone’s anus or sexual organ by any means
• Non consensually penetrate a victim’s mouth with their sexual organ
• Cause nonconsensual contact of a victim’s sexual organ with anyone’s mouth, anus, or sexual organ 

A person may also be guilty of sexual assault if they: 

• Cause penetration of a child’s anus or sexual organs by any means
• Penetrate a child victim’s mouth with their sexual organ
• Cause contact of a child victim’s sexual organ with anyone’s mouth, anus, or sexual organ
• Cause a child’s anus to contact anyone’s mouth, anus, or sexual organ
• Cause a child’s mouth to contact anyone’s sexual organ

In cases involving children, sexual assault laws in Texas remove language referring to consent. That’s because children can’t consent to sex acts. The law states a person who engages in the acts described above commits sexual assault, even if they don’t know the child’s age when doing so. 

Texas Penal Code Sec. 22.021. AGGRAVATED SEXUAL ASSAULT 

Someone may commit aggravated sexual assault under this Texas law if they commit sexual assault and any of the following apply during the criminal act: 

• They seriously injure or attempt to cause the death of anyone (including individuals other than the victim).
• They cause a victim to fear that anyone is in imminent danger of being a victim of death, serious bodily injury, kidnapping, or certain trafficking of persons crimes under Texas law.
• They, in a victim’s presence, threaten to cause anyone to be a victim of death, serious bodily injury, kidnapping, or certain human trafficking crimes.
• They use or brandish a deadly weapon during the criminal episode.
• They commit sexual assault on the same victim during the same episode with another individual.
• They use a substance to intentionally impair a victim’s ability to resist a sex act.
• The victim is younger than 14 years old, regardless of whether the person committing assault knows their age.
• The victim is elderly or disabled. 

Sexual assault laws in Texas state a victim is disabled when the following apply: 

• The victim is older than 13, and
• The victim has a physical disease, mental disease, defect, or injury that prevents them from providing for themselves and/or protecting themselves from harm. 

According to the relevant Texas law, an elderly individual in an aggravated sexual assault case is someone 65 years of age or older. 

Understanding Consent in Texas Sexual Assault Cases 

Someone saying “yes” (or not saying “no”) when asked to perform a sexual act doesn’t always mean the act was consensual. According to Texas’s sexual assault law, a sex act is nonconsensual if someone:

• Compels a victim to submit through violence, physical force, or coercion
• Forces someone to engage in a sex act by threatening violence or harm
• Engages in a sex act with someone who they know didn’t consent to it and is unconscious or otherwise unable to consent
• Takes advantage of someone who they know can’t understand the nature of a sex act or resist such an act due to a mental illness or similar reason
• Engages in a sex act with someone who hasn’t consented to it, knowing they are unaware the sex act is occurring
• Administers any substance to intentionally prevent someone from being able to understand or resist a sex act
• Is a public servant and coerces someone to submit to a sex act
• Is a doctor or mental health professional who exploits a current or former patient’s emotional dependency on them to facilitate a sex act
• Is a clergyman who exploits someone’s emotional dependency on them to facilitate a sex act
• Engages in a sex act with a resident of a facility in which they’re an employee (unless they are formally or informally married under Texas law)
• Is a medical professional who uses reproductive material from a donor a victim hasn’t consented to when performing an assisted reproduction procedure
• Is a coach or tutor who exploits their power over a victim to facilitate a sex act
• Is a caregiver who exploits a victim’s dependency on them to facilitate a sex act 

The law essentially states a person can’t consent to a sex act in circumstances involving power imbalances like those above.  

Penalties Under Sexual Assault Laws in Texas 

Sexual assault is a felony of the second degree in Texas. Under Chapter 12 of the Texas Penal Code, penalties someone may face if they’re convicted of a felony in the second degree in Texas are:

• A prison term of two to 20 years
• A fine of up to $10,000 

Aggravated sexual assault is a felony of the first degree. Penalties someone may face for a felony of the first degree in Texas are: 

• Life in prison or a prison term of five to 99 years
• A fine of up to $10,000

Twenty-five years may be added to the minimum prison term in an aggravated sexual assault case if: 

• A victim was younger than six at the time of the crime, or
• A victim was younger than 14 at the time of the crime, and the perpetrator performs any of the acts Subsection (a)(2)(A) of the law describes. 

Subsection (a)(2)(A) of Section 22.021 is the section of the aggravated sexual assault law that describes ways someone may use violence, substances, threats, coercion, force, weapons, or other such means to facilitate a sex act. 

Contact a Texas Sexual Assault Defense Lawyer 

Sexual assault charges in Texas are serious. A proper defense can significantly influence your future in these circumstances. 

At the Law Offices of Mark T. Lassiter, our Texas sexual assault defense lawyer is available to defend your rights. Get started today by contacting us online or calling us at (214) 845-7007 for a free case review.