In Texas, as elsewhere, the sex-related offenses that have the most severe punishments are the ones that cause physical injury or involve bodily penetration, and the younger the victim is, the harsher the punishment for the crime. With regard to offenses that do not cause bodily injury or involve penetration, however, the victim’s age makes a big difference in how serious Texas law considers the crime. Chris Kaiser of the Texas Association Against Sexual Assault argues that it is a loophole in Texas law that draws quite an arbitrary distinction between sexually molesting a 16-year-old and sexually molesting a 17-year-old. Under the current law, the former crime counts as indecency with a child, while the latter is a mere class C misdemeanor.
How can Sexual Molestation be a Class C Misdemeanor?
In general, class C misdemeanors are minor crimes; they include things like driving with an expired license, public drunkenness, and petty theft. Their only punishment is a small fine, usually around $200. What would the sex crime equivalent of crimes such as littering, jaywalking, or stealing a pack of gum be? Brief and unintentional public nudity? Offensive sexual innuendo? Writing obscene graffiti on a wall?
Wrong. Misdemeanor sex crimes, officially known as “sexual assault by offensive contact,” are sex crimes nonetheless, and the details that separate them from more serious offenses are often trivial. Offensive contact includes nonconsensual sexual contact against an adult, as long as it does not result in penetration or physical injury. That means that Texas can prosecute sexual assault cases as offensive contact even if they involve intimidation and nonconsensual sexual touching. “Offensive contact,” which Texas law regards as no more serious than stealing a can of soda from a convenience store, can be traumatic for its victims. Texas law acts as though it is no big deal if, for example, if a 50-year-old restaurant manager repeatedly gropes an 18-year-old waitress without her consent and insinuates that she will be out of a job if she protests. To the victim, however, offensive contact is very much a big deal.
Employers Take it Seriously Even if the Law Does Not
Many types of sexual harassment and molestation that the current laws in Texas regard as minor offenses are grounds for dismissal from jobs and exclusion from professional fields. Kaiser gives the example of Charles Krebs, a massage therapist who lost his massage therapy license after clients complained that he groped them without their consent. He suffered almost no criminal punishment for his actions, however. This makes even less sense when one considers that, in Texas, it is possible to get a life sentence for DWI and lengthy prison terms for simple theft.
Request a Free Consultation from Madrid Law About Sex-Related Charges
If you are facing accusations of a sex-related offense, hiring the right criminal defense lawyer can make all the difference as far as the penalty you receive, if any. Contact Madrid Law in Houston to discuss your case.
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