In Texas, the term “sexual assault” is used in place of the
word rape; this term is not uncommon and many states use sexual assault
to describe rape. Texas splits the offense into two categories: sexual
assault and aggravated sexual assault, with the latter being more serious.
Under Section 22.011, a person commits “sexual assault” when
he or she has sexual intercourse with another person without their consent,
or when they cause penetration of the mouth or sexual organ without the
person’s consent. A sexual assault takes place without the person’s
- The actor uses physical force or violence,
- The actor threatens to use force or violence against the person,
- The other person does not consent because they are unconscious or physically
incapable of resisting,
- The other person cannot consent because of mental disease or defect,
- The other person does not consent and the actor knows that the person is
unaware that they are being sexually assaulted (e.g. the victim is asleep
or passed out),
- The actor intentionally impaired the other person’s control by drugging
them without their knowledge, or
- The victim was forced to submit because the actor threatened violence against
any person and the victim believed the actor would carry out the threat.
Sexual assault under
Sec. 22.011 of the Texas Penal Code is generally a felony of the second degree, but
it can be charged as a felony of the first degree under certain circumstances.
A second degree felony in Texas in punishable by up to 20 years in prison
and a fine not to exceed $10,000.
Aggravated Sexual Assault Charges
Under Section 22.021, a sexual assault is “aggravated” when
the actor: 1) causes serious bodily injury to the victim, 2) tries to
kill the victim, 3) by their words or actions places the victim in fear
that any person will be kidnapped, seriously injured or killed, or 4)
uses or exhibits a deadly weapon while committing the sexual assault.
Aggravated sexual assault is a first degree felony, punishable by up to life in prison, and a fine
not to exceed $10,000.
Are you being accused of rape?
If you are being accused of rape, otherwise known as “sexual assault,”
you could be facing first or second degree felony charges, both of which
are very serious. Regardless of the circumstances surrounding your accusations,
you need a strong defense.
While sexual assault is a serious offense, unfortunately, innocent people
are wrongfully accused of rape every day.
Contact The Zendeh Del Law Firm, PLLC for the
high-caliber defense you need and deserve!