Did you know that aggravated sexual assault in Texas can carry a penalty of up to life in prison? If you are facing aggravated sexual assault charges, you’ll want to know exactly what the law says and what it includes. Keep reading for more information about Texas sexual assault laws and what you should do if you are facing these charges.
Defining Aggravated Sexual Assault
In Texas, aggravated sexual assault is different than sexual assault. According to the Texas Penal Code, sexual assault is when a person intentionally or knowingly:
- causes the penetration of the anus or sexual organ of another person by any means, without their consent
- causes the penetration of the mouth of another person by the sexual organ of the offender, without the person’s consent
- or causes the sexual organ of another person, without their consent, to contact or penetrate the mouth, anus, or sexual organ of another person.
Aggravated sexual assault combines elements of sexual assault and aggravated assault. Aggravated sexual assault occurs when a person commits sexual assault along with at least one aggravating factor.
The potential aggravating factors include:
- the age of the victim
- whether the victim is disabled
- use of a weapon
- causing serious bodily injury
- threat of serious violence
- the use of any type of substance to incapacitate the victim (e.g., drugs or alcohol)
- committing the crime along with another person or multiple other people
Sexually victimizing someone under the age of 14 or someone who is elderly classifies the crime as aggravated sexual assault.
How Does Texas Law Define Elderly and Disabled Individuals?
Under Texas law, an elderly individual is one 65 years of age or older. Disabled individuals are those individuals who are over the age of 13 and cannot protect themselves from harm due to physical or mental disease, defects, or injury.
What is Consent?
Any type of sexual assault case hinges on the concept of consent. Sexual assault or aggravated sexual assault both require the lack of consent. Sexual activity between consenting adults is obviously not criminal behavior. Consent means that there is an agreement to engage in an activity.
The Texas Penal Code says that a person cannot give consent when:
- the offender forces them to engage in sex acts by using force or violence
- the offender forces them to engage in sex acts by using the threat of force or violence or by threatening to harm another person
- the victim has not consented and the offender knows that the victim is unconscious or physically unable to resists
- the victim has not consented and the offender knows that the victim is unaware the sexual assault is occurring
- the offender has used a substance to alter the victim’s ability to protect themselves
- the offender is a public servant, such as a law enforcement officer, who coerces the offender to engage in sexual acts
- the offender is a mental health service provider or a health care provider and the victim is a current or former patient of the provider
- the offender is a clergy person who exploits the victim’s emotional dependence on the clergy person
- the offender is an employee of a facility where the victim is a resident
There is a debate, though, about what it means to give consent and how that should occur. Some states have created affirmative consent policies, which require consent to be given either with words or with actions. With affirmative defense, remaining silent or not resisting does not convey consent.
Texas Sexual Assault: Potential Penalties
In Texas, sexual assault is a second-degree felony. A second-degree felony can result in a prison sentence between 2 and 20 years and a maximum fine of $10,000.
Aggravated sexual assault is a first-degree felony, which is the second most serious type of crime you can be charged with. A first-degree felony can carry a life sentence.
If the victim is younger than 6 or if the victim is between the ages of 6 and 13 and a weapon was used, a serious bodily injury occurred, or human trafficking was threatened, the minimum prison term you will receive is 25 years.
If you have a prior felony conviction for a sexually violent offense, you also may be facing a mandatory life without parole sentence.
In addition to the prison sentence, if you do get out of prison, you will be required to be listed on the state sex offender registry.
The registration laws require you to register with the local law enforcement agency where you live, providing you address, a color photograph, and the offense that you were convicted of. You have to periodically check in with law enforcement as well, and make sure you update your information if anything changes.
If you don’t comply with the registration requirements, you could face additional felony charges.
Your Next Steps: Request a Free Consultation with an Attorney
If you have not yet been arrested but are being accused of Texas sexual assault, you’ll want to hire a lawyer as soon as possible. Hiring a criminal defense attorney before you are even arrested can help you beat the charges.
If you have been arrested, you will need to find a criminal defense attorney who has experience defending these cases and will conduct a thorough investigation as well as examine any forensic evidence.
An experienced attorney can make sure that your rights are not violated, that any eyewitnesses are providing accurate statements, request DNA testing, or even have charges reduced or eliminated.
If you or someone you know is facing sexual assault charges, get in touch with us today to see how we can help you.
Request a Free Consultation with Criminal Defense Attorney Mario Madrid:
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