Sexual assault is one of the most serious crimes under Texas law. The state treats these cases with strict penalties, long prison sentences, and lasting legal consequences. At the same time, Texas law provides protections and rights for victims to report the crime, seek justice, and receive support.
This article explains Texas sexual assault laws in plain English, so anyone—whether a victim, a concerned family member, or a legal professional—can clearly understand how the law works.
What Is Sexual Assault Under Texas Law?
Under Texas Penal Code §22.011, sexual assault happens when a person intentionally or knowingly engages in sexual activity without consent.
Consent is the key issue.
A sexual act is considered non-consensual if it happens:
- By force or violence
- By threats or intimidation
- When the victim is unconscious or unable to resist
- When the victim is intoxicated or drugged
- When the victim is mentally unable to understand the act
In Texas, silence or lack of resistance does NOT mean consent.
What Counts as Sexual Assault in Texas?
Sexual assault includes, but is not limited to:
- Non-consensual sexual intercourse
- Forced oral or anal sexual acts
- Sexual contact involving coercion or fear
- Sexual acts with someone who cannot legally consent
The law focuses on lack of consent, not the relationship between the people involved.
Age of Consent in Texas
The age of consent in Texas is 17.
This means:
- Anyone under 17 cannot legally consent to sex with an adult
- Sexual activity with a minor may be charged as sexual assault, even if the minor agreed
Close-in-Age Exception
Texas allows a limited exception when:
- Both parties are at least 14 years old
- The age difference is no more than 3 years
This exception does not apply in cases involving force or authority.
Sexual Assault vs. Aggravated Sexual Assault
Texas law separates sexual assault into two major categories.
Sexual Assault (Basic Charge)
This applies when sexual activity occurs without consent.
Punishment:
- Second-degree felony
- 2 to 20 years in prison
- Up to $10,000 in fines
Aggravated Sexual Assault (More Serious Offense)
Sexual assault becomes aggravated if it involves:
- A child under 14
- Use or display of a deadly weapon
- Serious bodily injury
- Threats of death or kidnapping
- Drugging the victim
- Multiple attackers
Punishment:
- First-degree felony
- 5 to 99 years or life in prison
- Up to $10,000 in fines
In some child cases, probation is not allowed.
Sexual Assault Within Marriage or Relationships
In Texas, marriage or dating does not excuse sexual assault.
A spouse, partner, or ex-partner can be charged if:
- Force or threats were used
- Consent was withdrawn
- The victim was unable to consent
There is no marital exemption for sexual assault in Texas.
Reporting Sexual Assault in Texas
Victims have the right to report sexual assault at any time, but timelines matter.
Statute of Limitations
- Adult victims: Generally up to 10 years
- Child victims: Often no time limit for serious offenses
Texas has expanded time limits in recent years to allow survivors more time to come forward.
What Happens After a Report Is Filed?
After reporting:
- Law enforcement investigates
- Evidence is collected (if available)
- Prosecutors review the case
- Charges may be filed
- The case goes to court or plea negotiations
Victims are not required to decide immediately whether to cooperate fully.
Evidence Commonly Used in Texas Sexual Assault Cases
Evidence may include:
- Medical or forensic exams
- DNA evidence
- Text messages or social media messages
- Witness statements
- Surveillance footage
- Victim testimony
Texas law recognizes that lack of physical injury does not mean assault did not occur.
Victim Rights Under Texas Law
Texas provides strong protections for victims, including:
- Confidentiality protections
- Right to a sexual assault forensic exam
- Access to victim compensation programs
- Protective orders against the accused
- Notification of court proceedings
Victims are also protected from retaliation and intimidation.
Sex Offender Registration in Texas
Many sexual assault convictions require mandatory sex offender registration.
This can include:
- Lifetime registration in serious cases
- Public access to offender information
- Restrictions on housing, employment, and travel
Registration continues even after prison time ends.
Defenses in Texas Sexual Assault Cases
Defendants may argue:
- Consent was given
- False accusation
- Mistaken identity
- Lack of evidence
- Violation of constitutional rights
Each case depends heavily on facts, evidence, and credibility.
Civil Lawsuits for Sexual Assault in Texas
In addition to criminal charges, victims may file a civil lawsuit for:
- Emotional distress
- Medical expenses
- Lost wages
- Pain and suffering
Civil cases focus on financial compensation, not prison time.
Consequences Beyond Prison
A sexual assault conviction in Texas can lead to:
- Loss of employment
- Loss of professional licenses
- Immigration consequences
- Restrictions on firearm ownership
- Permanent criminal record
The impact is often lifelong.
Why Texas Takes Sexual Assault So Seriously
Texas law recognizes that sexual assault:
- Causes long-term psychological trauma
- Violates personal dignity and safety
- Affects families and communities
That is why penalties are severe and victim protections are strong.
Frequently Asked Questions (FAQ)
Is sexual assault always a felony in Texas?
Yes. Sexual assault is at least a second-degree felony.
Can a case proceed without physical evidence?
Yes. Testimony and circumstantial evidence can be enough.
Does consent given earlier still count?
No. Consent can be withdrawn at any time.
Can men be victims under Texas law?
Yes. Texas sexual assault laws protect all genders.
Is reporting mandatory for victims?
No. Reporting is a personal choice.
Final Thoughts
Texas sexual assault laws are strict, detailed, and designed to protect victims while holding offenders accountable. Understanding these laws helps survivors make informed decisions and helps the public recognize the seriousness of the crime.
If you or someone you know is affected, legal help and support resources are available, and the law provides multiple paths toward justice.
