Sexual Assault Defined

The criminal offense of Sexual Assault is defined in the Texas Penal Code, Section 22.011. The general criteria for the charge of Sexual Assault is as follows:

• Vaginal, anal, or oral penetration by a penis, object, or other body part without consent of the victim
  
  
• A sexual assault is without consent if:
  
  
  1. the actor uses physical force or threat of physical force
     
     
  2. the victim is unconscious or physically unable to resist
     
     
  3. the victim is unable to appraise or resist the sexual act due to mental disease or defect
     
     
  4. the actor has intentionally impaired the victim's power to appraise or resist the sexual act by administering any substance without the other person's knowledge
     
     
  5. the victim has not consented and the actor knows the victim is unaware the sexual assault is occurring
     
     
  6. the actor is a public servant who coerces the victim to submit or participate
     
     
  7. the actor is a mental health or health care provider (victim is patient or former patient) and uses coercion or exploits the victim's emotional dependency
     
     
  8. the actor is a clergyman who coerces or exploits the victim's emotional dependency in his capacity as a spiritual advisor
     
     
  9. the actor is an employee of a facility in which the victim is a resident