Types of Sexual Assault in Texas

Sexual assault in Texas covers far more situations than most people realize.

It isn’t just about physical force or attacks by strangers — it can involve acquaintances, relationships, authority figures, and even cases where no clear “no” was ever spoken.

Texas law defines sexual assault broadly and enforces harsh penalties for anyone found guilty.

This article will guide you through the types of sexual assault charges in Texas, what consent really means under state law, common defense strategies, and what you can expect if you or someone you know is facing an accusation.

What Is Sexual Assault Under Texas Law?

First things first: Sexual assault in Texas means intentionally or knowingly engaging in sexual activity without the other person’s consent.

The acts can include:

• Penetration of the mouth, anus, or sexual organ
• Contact between sexual organs
• Causing another person to engage in any of the above

Basically, no consent = sexual assault. And consent isn’t just about saying “yes” or “no”; Texas Penal Code Section 22.011 lays out specific situations where consent doesn’t legally exist.

Consent isn’t valid if:

• The person is underage
• They are unconscious, intoxicated, or mentally incapable
• Force, threat, or coercion is involved
• The offender is in a position of authority over the victim (like police or therapists)

It’s important to note that being drunk or high doesn’t automatically remove the ability to consent — but extreme intoxication, where the person cannot reasonably understand or resist, does.

Categories of Sexual Assault in Texas

Sexual assault isn’t one-size-fits-all under Texas law. Different facts can make the charge more serious and the penalties much harsher.

Let’s walk through the main categories, starting with the most basic and moving toward the most severe.

Sexual Assault (Adult Victim)

This is the “classic” type of case: non-consensual sexual contact or penetration involving an adult (17 or older).

Examples:

• Having sex with someone who is too intoxicated to agree
• Using emotional pressure or manipulation to force sexual activity

Punishment:

• Second-degree felony
• 2 to 20 years in prison
• Up to a $10,000 fine
• Sex offender registration mandatory

Aggravated Sexual Assault

When the assault involves sexual violence, weapons, or particularly vulnerable victims, it becomes aggravated.

Factors that aggravate the crime:

• Use of a deadly weapon
• Causing serious bodily harm
• Threats of death, kidnapping, or serious injury
• Assaulting a child under 17, elderly person, or disabled person

Example:

Raping a 12-year-old while threatening them with a knife.

Punishment:

• First-degree felony
• 5 to 99 years or life in prison
• No eligibility for deferred adjudication in many cases

Sexual Assault of a Child (Statutory Rape)

This covers any sexual activity with someone under 14  years old, even if they agreed.

Note:

Texas allows some exceptions under the “Romeo and Juliet law” if:

• Both parties are over 14 years old, and
• The age difference is no more than 3 years

Otherwise, sexual acts with a minor can lead to devastating charges.

Punishment:

• Typically a second-degree or first-degree felony, depending on the child’s age.

Indecency With a Child

Indecency charges involve sexual contact or exposure toward a minor without penetration.

Types:

• Touching a child’s private parts
• Having the child touch you
• Exposing yourself for sexual purposes

Punishment:

• Second-degree felony (if physical contact)
• Third-degree felony (if only exposure)

Continuous Sexual Abuse of a Young Child

If someone commits multiple sexual assaults against a child under 14 over a period of 30 days or more, they face this even harsher charge.

Punishment:

• First-degree felony
• 25 years to life in prison
• No parole possible

Only two incidents are needed to qualify, and they can involve the same or different victims.

Possible Defenses Against Sexual Assault Charges

Facing a sexual assault charge doesn’t mean conviction is automatic.

Here are some defenses a skilled Texas criminal defense attorney might use:

Consent Defense

Arguing that the sexual activity was fully consensual and that no coercion, incapacity, or force was present.

Documented communication (texts, messages) before and after the incident can sometimes support this defense.

Mistaken Identity

In cases where the victim identifies an attacker based on memory, mistakes can happen, especially in high-stress situations.

False Allegations

Motives like jealousy, revenge, child custody disputes, or attention-seeking can drive some false accusations.

Studies show false accusations are rare, but they do happen, and the consequences for the accused are severe even if cleared later.

Insufficient Evidence

The burden is on the prosecution to prove guilt beyond a reasonable doubt.

Lack of physical evidence, unreliable witnesses, or improper police handling can all create room for a successful defense.

Romeo and Juliet Defense

If both individuals are close in age (under the allowed 3-year gap) and the relationship was consensual, this defense can prevent a statutory rape conviction.

Defense strategies depend heavily on the facts. Time is critical; early investigation can make or break a case.

Arrested? Don’t Plea, Call Me!

Sexual assault cases in Texas are complex, high-stakes, and can change your life forever — even before you ever step into a courtroom. If you or someone you know is facing a sexual assault accusation, the most important step you can take is getting experienced legal help immediately.

At Texas Criminal Defense Group, our attorneys understand what’s at stake — and we know how to fight back. We bring decades of experience handling sensitive, high-pressure cases just like yours, and we treat every case with the urgency, respect, and skill it deserves.