Sexual assault is a serious violation that creates lasting trauma. As sexual assault attorneys who want to help survivors along a healing path of recovery, we believe it’s important to know your rights. This begins with an understanding of what constitutes sexual assault under Texas law.
If you still have questions, please don’t hesitate to contact our Houston sexual abuse lawyers to schedule a free and confidential consultation. You are welcome to share as much or as little as you like when you meet with us.
What’s the Legal Definition of Assault in Texas?
Assault generally refers to intentionally, knowingly, or recklessly:
- Causing bodily injury to another person
- Threatening someone with imminent harm, or
- Causing offensive or provocative physical contact.
So, what is the definition for sexual assault? In Texas, sexual assault is codified under a separate, related statute. Sexual assault involves non-consensual sexual contact or behavior. The criminal code distinguishes sexual assault from general assault due to the unique physical and emotional harm it causes, as well as the specific protections that Texas law provides. Sexual assault laws protect bodily autonomy and consent.
Understanding the broad definition of assault helps victims recognize how sexual assault and sexual violence are specifically addressed and prosecuted under Texas law.
What Actions Are Considered Sexual Assault in Texas?
Sexual assault includes any sexual contact or penetration without the victim’s consent. The criminal code covers various acts that violate someone’s sexual autonomy. Aggravated sexual assault involves factors such as using a weapon, serious injury, or victim vulnerability.
Specific actions considered sexual assault in Texas include:
- Non-consensual contact of a sexual nature, including touching, fondling, or grabbing intimate parts of the body
- Sexual intercourse or penetration of any kind without consent, whether vaginal, anal, or oral
- Touching the victim’s sexual or intimate parts with intent to arouse or gratify sexual desire
- Coercion or threatening the victim to engage in sexual acts
- Assault with the intent to commit a sexual offense, even if the act is not completed
The use of physical force or threats can play a significant role in these offenses. Furthermore, sexual assault may involve incapacitation caused by drugs, alcohol, or other means, which render the victim unable to consent.
Sexual Abuse vs Sexual Assault: Key Differences Explained
Sexual abuse is a broad term. It typically refers to repeated or ongoing acts of sexual exploitation, often within family or caretaking relationships. Sexual abuse can involve manipulation, grooming, or coercion over time. This crime frequently affects vulnerable victims such as children or dependent adults facing unwelcome sexual advances. It may include a range of behaviors beyond physical contact, such as exposure to inappropriate material or repeatedly forcing a person to engage in sexual activities.
In contrast, sexual assault usually describes a criminal act involving force, threat, or coercion. Sexual assault focuses on unlawful sexual contact or sexual penetration without consent. It’s prosecuted as a specific criminal offense, separate from simple or aggravated assault. Unlike sexual abuse, sexual assault is generally an immediate violation—although it can be part of a pattern of abuse.
Understanding the difference between sexual abuse and sexual assault is essential. Sexual abuse cases might involve family law or child protection agencies alongside criminal prosecution. Victims may be able to seek civil compensation in addition to the criminal case.
Criminal Penalties for Sexual Assault in Texas
Sexual assault is typically charged as a felony in Texas. Sexual assault is usually a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
Aggravated sexual assault involves factors like the use of a weapon, threats, serious injury, or specific vulnerable victims. It can be a second-degree or first-degree felony, punishable by 5 to 99 years or life in prison. Convicted offenders face fines of up to $10,000.
Additional consequences may include mandatory sex offender registration and possible probation or rehabilitation requirements.
Support and Legal Options for Sexual Assault Victims in Houston
Sexual assault causes profound trauma, and navigating the legal system can feel overwhelming. Fortunately, Texas recognizes sexual assault victims’ rights, including protections that help maintain confidentiality and limit contact with their aggressor. Victims can request restraining orders to prevent harassment and threats, significantly improving their safety.
Houston has many resources to help survivors of sexual assault, including the Houston Area Women’s Center (HAWC), Aid to Victims of Domestic Abuse (AVDA), The Montrose Center, and the Texas Association Against Sexual Assault (TAASA). Remember that you are not alone. There is a strong and supportive community ready to help you.
If you’re a victim of sexual assault, you have several legal avenues to pursue justice and compensation. Civil lawsuits allow victims to seek financial compensation for physical injuries, emotional distress, and other losses caused by the assault. Civil cases require a lower burden of proof than criminal charges, and can provide recourse even if criminal proceedings did not result in charges. Support may also be available through victim compensation programs. These organizations can provide financial assistance for medical bills, counseling, and other expenses related to recovery.
Survivors in Houston don’t have to face the sexual assault aftermath alone. A compassionate, knowledgeable legal team can explain your options for legal action and financial support.
How Long Do You Have to Report Sexual Assault in Texas?
The statute of limitations sets a deadline for how long you have to file sexual assault charges or lawsuits. Generally, for felony adult sexual assault cases, the prosecution must begin within 10 years from the date of the alleged crime.
In civil cases, the statute of limitations (when the victim is 18 or older) is usually five years from the date of the offense. However, certain aggravating factors can extend the period. These factors include threats or violence.
There are exceptions to each rule, especially when minors are involved. Consulting an experienced attorney as soon as possible can help you learn your rights, navigate the reporting and legal process, and protect your interests.
FAQs About Sexual Assault in Texas
Here are some of the most common questions we receive regarding sexual assault:
What qualifies as sexual assault?
Sexual assault involves non-consensual sexual contact or penetration.
Is touching considered sexual assault?
It can be. Intentionally touching someone’s intimate parts without their consent can be charged as sexual assault under Texas law.
Can men be victims of sexual assault?
Yes. Texas law protects all victims regardless of gender.
What’s the difference between rape and sexual assault in Texas?
Texas law uses the term “sexual assault” to cover all non-consensual forms of sex, including rape.
Is sexual assault a felony in Houston?
Yes. Sexual assault is usually charged as a felony.
Contact Our Houston Sexual Assault Attorneys to Learn More About Your Rights
We understand that you might have lapses in memory about what happened. You might feel a mix of anger, confusion, shame, and frustration. We understand, and we want to reassure you that you will be believed and protected, and the truth will prevail.
If you’re a victim of sexual assault, Fibich, Leebron, Copeland & Briggs can help. Contact us today to learn more about your rights and legal options.
