Texas Sexual Assault Laws

Texas Penal Code Section 22.011 and 22.021

Texas’ criminal law defines the crime of sexual assault as follows:

• The defendant acted intentionally or knowingly
• Penetration of the anus or sex organ by any means without the victim’s consent
• Penetration of the mouth by the defendant’s sexual organs
• Causing the victim’s sex organ to contact or penetrate the defendant’s sexual organs

Under Texas law, consent is lacking in the following situations:

• The offender uses physical force, violence, or coercion.
• The defendant threatens the use of force or violence, and the victim reasonably believes the defendant is capable of carrying out this threat.
• The victim is unconscious
• The victim has a mental disability.
• The defendant gives the victim a drug or other substance to impair their ability to resist sexual contact.
• The defendant threatens to harm a third party if the victim doesn’t engage in the sexual activity.
• The defendant is in a place of power or charged with the victim's care.
• The defendant is a health care professional, member of the clergy, public servant, or an employee of a facility where the victim lives.

The state may elevate the charges in a sexual assault case to aggravated sexual assault if any of the following conditions exist:

• The victim suffered serious bodily injury
• The defendant threatened to kill, injure, or kidnap the victim
• The offender used or brandished a deadly weapon
• The defendant acted with another individual
• The offender used a "date rape drug" (Rohypnol or ketamine) to make it easier to commit the sexual assault
• The victim is less than 14 years old
• The victim is elderly or suffering from a disability

Your Texas criminal defense attorney may cite any of the following defenses to the above criminal charges:

• The defendant was providing medical care for the child victim and did not penetrate the child's mouth, anus, or sexual organs.
• The defendant was married to the child at the time of the assault.
• At the time of the offense, the defendant was no more than three years older than the child, who was at least 14.
• Lack of intent
• Lack of knowledge
• Consent of the victim
• Insanity

See Sexual Assault Defenses for more general information.

The age of consent in Texas is 17.

Most sexual assaults are second-degree felonies. This carries a prison sentence of two to 20 years and a fine of up to $10,000.

The state may elevate the charges to a first-degree felony. A first-degree felony in Texas carries a prison sentence of five to 99 years and a fine of up to $10,000.

Aggravated sexual assault is a first-degree felony. The minimum prison sentence is 25 years if the victim is younger than six years old or if the victim is younger than 14 years of age. The state will also elevate the charges to a first-degree felony if the defendant used a deadly weapon, seriously injured the child, or threatened to kill the victim.

If the court finds you guilty of sexual assault or aggravated sexual assault, you will likely have to register as a sex offender.

The statute of limitations for sexual assault in Texas is ten years.